Amicus R.J. Reynolds Vapor Co.'s arguments adopted in Fifth Circuit decision

Client(s) Reynolds American Inc.

On behalf of R.J. Reynolds Vapor Company and e-cigarette retailers, Jones Day helped secure a victory at the Fifth Circuit in a case challenging the legality of the Food & Drug Administration's so-called "comparative-efficacy requirement," which the FDA has applied in assessing premarket tobacco product applications.

Jones Day filed a brief in support of the petitioners and presented oral argument before the Fifth Circuit. Reynolds and the other amici argued that the comparative-efficacy requirement is a substantive rule under the APA that FDA was required to promulgate through notice-and-comment rulemaking. The Fifth Circuit adopted Jones Day's argument and vacated the challenged denial orders.

NicQuid v. FDA, No. 24-60272 (5th Cir.)