No. 23-871
Lotus Vaping Technologies, LLC v. Food and Drug Administration
Tags: administrative-procedure-act arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems fair-warning flavored-products food-and-drug-administration marketing-applications
Latest Conference:
2025-04-17
(distributed 4 times)
Question Presented (from Petition)
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious where FDA based the denial solely on a previously unannounced requirement for certain types of studies and where FDA ignored other evidence in the applications that FDA previously said was "critical" for marketing authorization.
Question Presented (AI Summary)
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious
Docket Entries
2025-04-21
Petition DENIED.
2025-04-14
DISTRIBUTED for Conference of 4/17/2025.
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-07
Reply of petitioner Lotus Vaping Technologies, LLC filed.
2024-05-06
Rescheduled.
2024-04-30
DISTRIBUTED for Conference of 5/16/2024.
2024-04-15
Brief for Food and Drug Administration filed.
2024-03-14
Brief amici curiae of Vaping Industry Stakeholders filed.
2024-03-11
Brief amicus curiae of Washington Legal Foundation filed.
2024-02-16
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2024.
2024-02-15
Motion to extend the time to file a response from March 14, 2024 to April 15, 2024, submitted to The Clerk.
2024-02-09
Petition for a writ of certiorari filed. (Response due March 14, 2024)
2023-12-05
Application (23A507) granted by Justice Kagan extending the time to file until February 11, 2024.
2023-12-01
Application (23A507) to extend the time to file a petition for a writ of certiorari from December 13, 2023 to February 11, 2024, submitted to Justice Kagan.
Attorneys
Lotus Vaping Technologies, LLC
Eric N. Heyer — Thompson Hine LLP, Petitioner
United States Food and Drug Administration
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
Vaping Industry Stakeholders
Washington Legal Foundation