FDA v. Wages and White Lion Investments, LLC

Decided April 2, 2025. Samuel A. Alito Jr. delivered the opinion of the Court.

Docket 23-1038 · 604 U.S. 542 · Cited 15 times

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.

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

Read the official opinion (PDF, supremecourt.gov) (opens primary source in a new tab)

Samuel A. Alito Jr.’s profile · All opinions since October Term 2017 · The Supreme Court

Source: Supreme Court of the United States, slip opinions (2025). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-02. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).