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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.

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 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.