The Supreme Court ruled in favor of the Food and Drug Administration (FDA) on Wednesday (April 2), allowing the agency to block the sale of flavored e-cigarettes. This decision overturned a previous ruling by the 5th U.S. Circuit Court of Appeals, which had found the FDA’s actions unlawful. The case involved companies like Triton Distribution and Vapestasia, which sought approval for flavors such as Pink Lemonade and Iced Pineapple Express.
Writing for a unanimous court, Justice Samuel Alito stated that the FDA’s decisions were sound, though he noted that the agency’s consideration of companies’ marketing plans would be decided by a lower court. The FDA argued that flavored vapes pose health risks, particularly to young people, and that the benefits of helping adult smokers quit do not outweigh these risks.
E-cigarette companies claimed that the FDA changed its standards mid-process, but the agency maintained that applications were evaluated on their merits. The FDA has approved menthol and tobacco-flavored e-cigarettes but denied most other flavors.
The Supreme Court’s decision supports the FDA’s role in regulating tobacco products under the Family Smoking Prevention and Tobacco Control Act.
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