June 27th, 2020

US Court of Appeals for the Fifth Circuit Opinions
Big Time Vapes, Inc. v. FDA

Docket: 19-60921
Opinion Date: June 25, 2020
Judge: Jerry E. Smith
Areas of Law: Government & Administrative Law, Health Law

In section 901 of the Family Smoking Prevention and Tobacco Control Act (TCA), Congress authorized the Secretary of Health and Human Services to determine which other products should be governed by the TCA's regulatory scheme. Plaintiffs filed suit against the FDA, its Commissioner, and the Secretary, asserting that Congress's delegation to the Secretary was unconstitutional. The Fifth Circuit affirmed the district court's dismissal of the complaint, holding that section 901's delegation to the Secretary does not violate the nondelegation doctrine. The court held that Congress undeniably delineated its general policy in the TCA; Congress plainly limited the authority that it delegated; and the relevant caselaw supports these conclusions.

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