Supreme Court Unanimously Upholds FDA’s Authority Over Flavored Vaping Products

The justices overturned a lower court ruling, leaving FDA denials in place while sending the case back for further review.

The U.S. Supreme Court ruled unanimously to uphold the FDA's authority to deny applications for flavored e-cigarette products, citing youth health risks.
The decision reverses a 2021 ruling by the 5th Circuit Court of Appeals, which had faulted the FDA for procedural violations in its denials.
The FDA has approved only 34 flavored e-cigarette products, all tobacco or menthol flavored, due to concerns about their appeal to minors.
E-cigarette companies argued the FDA applied inconsistent standards, but the court affirmed the agency's focus on public health and youth protection.
The case now returns to the appeals court for further review, with the FDA's denials remaining in effect and companies allowed to reapply under current regulations.