No. 24-474

Food and Drug Administration v. SWT Global Supply, Inc., et al.

Lower Court: Fifth Circuit
Docketed: 2024-10-29
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: administrative-law arbitrary-and-capricious-standard e-cigarette-products fda-authorization public-health tobacco-control-act
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2025-04-17 (distributed 3 times)
Question Presented (from Petition)

Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious.

Question Presented (AI Summary)

Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious

Docket Entries

2025-05-23
Judgment Issued.
2025-04-21
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>FDA</i> v. <i>Wages and White Lion Investments, LLC</i>, 604 U. S. ___ (2025).
2025-04-14
DISTRIBUTED for Conference of 4/17/2025.
2025-01-22
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Reply of Food and Drug Administration submitted.
2025-01-22
Reply of petitioner Food and Drug Administration filed. (Distributed)
2025-01-06
Brief of SWT Global Supply, Inc., et al. in opposition submitted.
2025-01-06
Brief of respondents SWT Global Supply, Inc., et al. in opposition filed.
2024-12-05
Response Requested. (Due January 6, 2025)
2024-12-04
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent SWT Global Supply, Inc., et al. to respond filed.
2024-11-21
Supplemental brief of petitioner Food and Drug Administration filed.
2024-10-29
Petition for a writ of certiorari filed. (Response due November 29, 2024)

Attorneys

Food and Drug Administration
D. John SauerSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner
SWT Global Supply, Inc., et al.
Jerad Wayne NajvarChalmers, Adams, Backer & Kaufmann LLC, Respondent