A 7-2 Supreme Court decision has given Big Tobacco companies more control over which judges hear their challenges to federal tobacco regulations, making it easier for them to “forum-shop” or choose friendly courts. The ruling allows other companies affected by regulations to bring suit as well.
R.J. Reynolds Vapor Company, a North Carolina-based company, challenged Food & Drug Administration regulations on e-cigarettes in 2009. After losing in the Fourth Circuit and Fifth Circuit courts, the company appealed to the Supreme Court. The FDA argued that only the company that applied to market its product could challenge the denial of their application.
However, the Supreme Court rejected this interpretation and ruled that tobacco companies can now bring challenges against FDA regulations through consumer-facing businesses that sell their vapes and e-cigarettes. This expansion allows companies like R.J. Reynolds Vapor Company to evade venue requirements set by Congress.
The decision contradicts the original intent of the 2009 law, which was intended for manufacturers alone to challenge regulatory decisions. The ruling makes it easier for tobacco companies to find friendly judges in the Fifth Circuit, a circuit known for siding with corporations.
Source: https://www.huffpost.com/entry/supreme-court-tobacco-forum-shopping_n_68375133e4b0b4c85889da1e