FDA: High Court Must Restrict ‘Forum Shopping,’ Bar Retailers From Vape Ban Cases

( January 13, 2025, 11:01 AM EST) -- WASHINGTON, D.C. — In a Jan. 10 reply brief, the Food and Drug Administration, the Department of Health and Human Services and their respective secretaries (collectively FDA) urge the U.S. Supreme Court to reject vape companies’ and retailers’ interpretation of the Tobacco Control Act (TCA), which was upheld by the Fifth Circuit U.S. Court of Appeals, arguing that the TCA restricts “forum shopping” by manufacturers and bars retailers from participating in vape ban challenges....