Judgment Issued.

Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.

Argued. For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Eric N. Heyer, Washington, D. C.

Reply of petitioner Food and Drug Administration filed. (Distributed)

Reply of Food and Drug Administration submitted.

Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.

CIRCULATED

Record requested from the United States Court of Appeals for the Fifth Circuit.

SET FOR ARGUMENT on Monday, December 2, 2024.

Brief amici curiae of R.J. Reynolds Vapor Company, et al. filed.

Brief amicus curiae of Coalition of Manufacturers of Smoking Alternatives filed.

Brief amici curiae of Thirteen Members of Congress, et al. filed.

Brief amicus curiae of Logic Technology Development LLC filed.

Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed.

Brief amicus curiae of Taxpayers Protection Alliance filed.

Brief amicus curiae of Vapor Technology Association filed.

Brief amicus curiae of Goldwater Institute filed.

Brief amicus curiae of Washington Legal Foundation filed.

Amicus brief of Washington Legal Foundation submitted.

Brief amici curiae of Vaping Industry Stakeholders filed.

Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. filed.

Brief of Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. submitted.

Brief amici curiae of Massachusetts, et al. filed.

Brief amici curiae of Sixteen Members of Congress filed.

Brief amicus curiae of Global Action to End Smoking, Inc. in support of neither party filed.

Amicus brief of Global Action to End Smoking, Inc. submitted.

Brief amici curiae of Public Health, Medical, and Community Groups filed.

Joint appendix filed.

Brief of petitioner Food and Drug Administration filed.

Joint Appendix submitted.

Brief of Food and Drug Administration submitted.

Joint appendix filed. (Statement of cost filed)

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 7, 2024.

Motion for an extension of time to file the briefs on the merits filed.

Motion of Food and Drug Administration for an extension of time submitted.

Petition GRANTED.

DISTRIBUTED for Conference of 7/1/2024.

Reply of petitioner Food and Drug Administration filed. (Distributed)

DISTRIBUTED for Conference of 6/20/2024.

Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. in opposition filed.

Brief amici curiae of Vaping Industry Stakeholders filed.

Brief amicus curiae of Logic Technology Development LLC filed.

Brief amici curiae of Public Health, Medical, and Community Groups filed.

Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.

Motion to extend the time to file a response from April 18, 2024 to May 17, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due April 18, 2024)