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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.

FILE - A high school student uses a vaping device near a school campus in Cambridge, Mass., April 11, 2018. (AP Photo/Steven Senne, File)
FILE - The Supreme Court at sunset in Washington, Feb. 13, 2016. (AP Photo/Jon Elswick, File)
A woman sits on the steps of the U.S. Supreme Court in Washington, U.S., August 14, 2024.
Flavored vape cartridges are pictured for sale at a shop in Atlanta, Georgia, U.S., September 26, 2019. Picture taken September 26, 2019. REUTERS/Elijah Nouvelage

Overview

  • 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.