Supreme Court Upholds FDA's Authority to Regulate Flavored E-Cigarettes

The unanimous ruling supports the FDA's rejection of over 1 million flavored products, citing youth vaping concerns, while sending marketing plan considerations back to a lower court.

• The Supreme Court ruled 9-0 that the FDA acted lawfully in rejecting flavored e-cigarette applications under the Tobacco Control Act.
• The FDA's rejection of over 1 million flavored products was based on insufficient evidence that they benefit public health and concerns about their appeal to youth.
• The court sent the issue of whether the FDA should have evaluated marketing plans back to the 5th Circuit Court for further review.
• Flavored e-cigarettes, particularly those with fruit and candy flavors, have been linked to a rise in youth vaping, prompting stricter FDA oversight since 2016.
• The decision aligns with rulings from seven other appellate courts and reinforces the FDA's authority to regulate e-cigarettes to protect public health.

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