No. 23A507

Lotus Vaping Technologies, LLC v. Food and Drug Administration

Lower Court: Ninth Circuit
Docketed: 2023-12-05
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: administrative-procedure agency-discretion evidentiary-standards fair-notice marketing-denial regulatory-review
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether the Administrative Procedure Act permits a federal agency to change its evidentiary standards for regulatory approval without providing fair notice to regulated parties and without considering previously emphasized critical evidence

Docket Entries

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. HeyerThompson Hine LLP, Petitioner
Unite States Food and Drug Administration
Elizabeth B. PrelogarSolicitor General, Respondent