The U.S. Supreme Court just made the legal landscape friendlier to tobacco companies. In a June 2025 ruling, the Supreme Court made it clear companies can now file lawsuits in any federal court across the country, regardless of location. This creates “forum shopping” and could change the landscape for tobacco companies.
Forum Shopping Explained
The U.S. is divided into 13 different “circuit courts” handling lower-court appeals. Oklahoma, for example, is part of the 10th Circuit with Kansas, Colorado, Wyoming, Utah and New Mexico. North Carolina (where R.J. Reynolds is based) is in the 4th Circuit with South Carolina, Virginia and West Virginia. Different courts tend to rule differently on tobacco-related issues. Some are strict while others are lenient. The 4th Circuit Court has consistently supported the Food and Drug Administration’s (FDA) decisions to deny marketing for flavored vapes. At the same time, the 5th Circuit has a record of ruling against the FDA.
The Recent Case
The ruling came from a lawsuit by R.J. Reynolds, a tobacco and vape company. The company challenged the FDA’s decision to deny their ability to market berry- and menthol-flavored vapes. Reynolds chose to file its lawsuit in the 5th Circuit.
Their strategy worked in the short term, but the Supreme Court later overturned the 5th Circuit’s decision. However, Reynolds’s act of forum shopping set a precedent for other tobacco companies to follow suit.
What Does This Mean?
While forum shopping affects where lawsuits can be filed against the FDA, it doesn’t affect the merits of the FDA’s decisions. The evidence is clear: flavored vapes are dangerous to kids and designed to addict them for life. Vapes contain several harmful chemicals, including:
- Carcinogens – cause cancer (i.e., acetaldehyde and formaldehyde)
- Acrolein – found in weed killer and can cause permanent lung damage
- Diacetyl – linked to lung disease or “popcorn lung”
- Cadmium – found in traditional cigarettes and damages the lungs
- Propylene glycol – used in antifreeze and paint solvents
While research on both the long- and short-term health effects of vapes is still underway, it’s true there is nothing healthy about them. Their high levels of nicotine make them extremely addictive, and thousands of other chemicals can cause adverse health effects.
Moving Forward
Tobacco companies will likely continue to file lawsuits in more lenient courts. This could slow down the process and force the FDA to spend time and resources defending its decisions. However, the FDA still has the power to deny marketing for these products, and the scientific evidence supporting these claims remains strong.
The tobacco industry may have a new strategy, but it doesn’t give them a free pass. We can still fight against them.
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