The Supreme Court held that retailers who would sell a new tobacco product if not for the FDA's denial order may seek judicial review of that order under 21 U.S.C. §387l(a)(1). The Court affirmed the Fifth Circuit's denial of the FDA's motion to dismiss or transfer the case for lack of venue, finding that retailers are "adversely affected" by a denial order and are therefore proper petitioners under the statute.

music for the podcast provided by ⁠⁠⁠⁠⁠⁠ Dimitry Taras