On Wednesday(April 03/2025), the U.S. Supreme Court largely supported the Food and Drug Administration’s (FDA) decision to deny two e-cigarette companies, Triton Distribution and Vapetasia, the right to sell flavored vape products that regulators consider a health risk to youth. The unanimous ruling, authored by Justice Samuel Alito, overturned a lower court’s decision that the FDA had failed to follow proper legal procedures under the Administrative Procedure Act when rejecting the companies’ applications.
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Key Takeaways
- The Supreme Court heard arguments on Monday regarding the FDA’s power to prohibit the sale of new candy-colored vaping products targeting teenagers.
- Most justices, both conservative and liberal, indicated that Congress granted the FDA authority in 2009 to prevent the sale of new tobacco products, which the agency has recently used to reject new vaping flavors appealing to youth.
- The vaping industry argued that the FDA overregulated and surprised companies by demanding new studies proving their products would persuade adult smokers to switch to e-cigarettes. However, several justices questioned this claim.
The Supreme Court recently heard arguments in a case involving tobacco and vape manufacturers battling the Food and Drug Administration (FDA) over the agency’s denial of marketing authorization for flavored e-cigarette products. While these companies have found little success in most appeals courts, they have enjoyed modest victories in the Fifth Circuit, which covers Louisiana, Mississippi, and Texas, and is widely regarded as the most conservative court in the country.
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