August 19, 2026

DECIDED

NicQuid L.L.C. v. FDA

On August 19, 2026, the Fifth Circuit vacated FDA’s marketing denial orders for NicQuid’s flavored electronic nicotine delivery systems and remanded back to the agency. The decision was a victory for WLF, which argued in an amicus brief that FDA’s actions violated NicQuid’s due-process rights and the Administrative Procedure Act.

Documents

Filing Date Court Document
Aug 19, 2026 U.S. Court of Appeals for the Fifth Circuit - Decision Download File
Sep 5, 2024 U.S. Court of Appeals for the Fifth Circuit - Brief Download File