Supreme Court Hears Case on FDA Rejection of Flavored Vape Products

The justices appear inclined to uphold the FDA's authority, questioning claims of regulatory inconsistency by vaping companies.

The case involves the FDA’s denial of applications from two vaping companies to sell flavored e-cigarette liquids, citing risks to youth and insufficient evidence of benefits to adult smokers.
The vaping companies argue the FDA changed its regulatory requirements mid-process, a claim that most justices, including liberal and some conservative members, appeared skeptical of during oral arguments.
The FDA maintains that its rejection was based on inadequate evidence demonstrating that flavored vapes help adult smokers quit while posing minimal appeal to non-smokers, especially minors.
Several justices questioned the necessity of court intervention, noting that the companies could reapply for product approval under existing FDA processes.
A minor issue regarding the FDA's handling of marketing plans to prevent youth access may lead to a narrow ruling, but the Court seems unlikely to broadly undermine the FDA’s regulatory authority.