FDA Scores Win in Wages, but Industry Eyes Fifth Circuit Remand in Flavored Vape PMTA Denial Challenge

On April 2, 2025, the U.S. Supreme Court issued its decision in the Wages and White Lion Investments d/b/a Triton Distribution (hereafter “Triton”) Premarket Tobacco Product Application (PMTA) Marketing Denial Order (MDO) challenge. In a 9-0 unanimous ruling, the Supreme Court held that FDA did not act arbitrarily and capriciously when it denied the PMTA... Continue Reading