Barn-Burned: Fifth Circuit Finds FDA Tobacco Civil Monetary Penalty Unconstitutional July 8, 2026 By Peter G. Dickos —

https://www.thefdalawblog.com/2026/07/barn-burned-fifth-circuit-finds-fda-tobacco-civil-monetary-penalty-unconstitutional/?utm_source=rss&utm_medium=rss&utm_campaign=barn-burned-fifth-circuit-finds-fda-tobacco-civil-monetary-penalty-unconstitutional Last week, FDA’s Civil Money Penalty (CMP) authority suffered its most severe blow to date: the U.S. Court of Appeals for the Fifth Circuit vacated FDA’s imposition of a CMP, against a retailer for selling unauthorized tobacco products, as unconstitutional under the Seventh Amendment and SEC v. Jarkesy, 603 U.S. 109 (2024). Texas Tobacco Barn, LLC v. HHS (5th Cir. June 30, 2026). If you’ve been following our multiple prior posts on this subject (here, here, and here), you know this is something we’ve been keeping keen eyes on. Let’s recap where things stood before this decision, break down the (2-1) panel decision itself and its notable dissent, and consider what may come next.