2024 term · Roberts Court · vote not recorded
FDA v. Wages and White Lion Investments, LLC
604 U.S. 542
The record
- Term
- 2024
- Decided
- Issue area
- —
- Vote split
- —
- Winning party
- —
- Decision direction
- —
- Chief Justice
- Roberts Court
- Disposition
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- Docket
- 23-1038
- U.S. Reports
- 604 U.S. 542
- S. Ct. citation
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- LEXIS citation
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- Opinion by
- Samuel Alito
Holding
The Fifth Circuit erred in setting aside as arbitrary and capricious the FDA’s orders denying respondents’ applications for authorization to market new e-cigarette products pursuant to The Family Smoking Prevention and Tobacco Control Act of 2009; the Fifth Circuit also relied on an incorrect standard to reject the FDA’s claim of harmless error regarding the agency’s failure to consider marketing plans submitted by respondents.
How the bench divided
No per-justice vote lineup was available for this case.
Read the opinion
- supremecourt.govSlip opinionThe opinion as released by the Court, in slip form.
- JustiaFull opinion textThe majority, concurring and dissenting opinions as handed down.
- supremecourt.govDocket 23-1038Filings, orders and the procedural history on the Court’s own docket.
- OyezCase pageArgument audio and the vote lineup, when Oyez has published them.