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FDA v. RJ Reynolds Vapor Co.: Retailer Standing to Sue

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Manage episode 492035996 series 3675085
Content provided by Brian Dennison. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Brian Dennison or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

A Notebook LM review of a June 2025 United States Supreme Court opinion addressing whether retailers of "new tobacco products" can judicially challenge a Food and Drug Administration (FDA) denial of a manufacturer's marketing application under the Family Smoking Prevention and Tobacco Control Act (TCA). The majority opinion affirms the Fifth Circuit's decision, holding that retailers are indeed "adversely affected" and can seek review, interpreting this phrase broadly in line with administrative law precedents. Conversely, the dissenting opinion argues that the TCA's structure and purpose indicate Congress intended only manufacturers to have standing for such challenges, viewing the majority's interpretation as an unintended expansion that could allow manufacturers to circumvent venue rules.

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21 episodes

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Manage episode 492035996 series 3675085
Content provided by Brian Dennison. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Brian Dennison or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

A Notebook LM review of a June 2025 United States Supreme Court opinion addressing whether retailers of "new tobacco products" can judicially challenge a Food and Drug Administration (FDA) denial of a manufacturer's marketing application under the Family Smoking Prevention and Tobacco Control Act (TCA). The majority opinion affirms the Fifth Circuit's decision, holding that retailers are indeed "adversely affected" and can seek review, interpreting this phrase broadly in line with administrative law precedents. Conversely, the dissenting opinion argues that the TCA's structure and purpose indicate Congress intended only manufacturers to have standing for such challenges, viewing the majority's interpretation as an unintended expansion that could allow manufacturers to circumvent venue rules.

  continue reading

21 episodes

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