If there's a forum shopping problem with vape cases bubbling up in the Fifth Circuit, as the federal government claims, the U.S. Supreme Court did not appear too concerned about it during oral arguments Tuesday.

Instead, several justices took exception with the government's argument that retailers should not be allowed to challenge the U.S. Food and Drug Administration's denial of marketing applications for new vape products. The U.S. Department of Justice has argued that out-of-circuit vape manufacturers are using local tobacco retailers to evade the venue restrictions that Congress imposed on lawsuits challenging such FDA denials.