New FDA Brief in Supreme Court Tobacco Case Puts Spotlight on Post-Chevron Regulatory Landscape

FDA says its authority to implement the TCA is not limited by Loper Bright, but suggests that future guidance documents may be limited.

On August 26, 2024, the US Food and Drug Administration (FDA or the Agency) filed its opening brief in the Supreme Court proceedings for FDA v. Wages and White Lion Investments, LLC, publicly taking a position for the first time on the enforcement of the Family Smoking Prevention and Tobacco Control Act (TCA), following the potentially paradigm-shifting decision earlier this summer in Loper Bright Enterprises v. Raimondo, which overruled the Chevron doctrine.