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The main point: The Supreme Court issued a ruling against two manufacturers of flavored vape products that had sued the Food and Drug Administration (FDA), supporting FDA’s decision to reject sales of the products.
Reminder: The Family Smoking Prevention and Tobacco Control Act requires makers of new tobacco products to obtain authorization from FDA, with applications demonstrating that the products are “appropriate for the protection of the public health.”
- FDA has denied many applications for flavored products, saying they present a “known and substantial risk to youth.”
The details:
- In a unanimous decision, the justices upheld the FDA’s decision prohibiting the retailers from marketing flavored tobacco products.
- The court rejected claims that FDA had unfairly switched its requirements during the application process, deciding that the agency’s denials were “sufficiently consistent” with agency guidance on tobacco regulations. The justices rejected a lower court ruling that the agency had acted arbitrarily and capriciously, finding FDA had not tried to change the rules in the middle of the approval process.
Why it’s important: Flavored vaping products appeal to kids, and nicotine poses addiction and other health risks for youth. The ruling helps bolster FDA’s ability to keep such products off the market.
Published
April 2025