
The US Supreme Court ruled on Wednesday in favor of the Food and Drug Administration (FDA), denying the sale of flavored vaping products.
This decision is seen as a victory for public health advocates, aiming to curb youth vaping. The court's ruling comes as a blow to vaping companies, which had hoped to expand their market by selling flavored e-cigarettes.
In a unanimous opinion written by Justice Samuel Alito, the Supreme Court rejected claims that the FDA had unfairly changed its approval process, USA Today said.
The court upheld the agency's decision to deny flavored vaping products, citing concerns that they appeal to minors. Flavors like "Pink Lemonade" and "Rainbow Road" were among those in question.
The vaping companies argued that the FDA had altered its requirements midway through the review process, but the court disagreed.
"Companies express frustration about the lack of clear prior notice regarding the type of scientific evidence that was essential for approval of an application," Justice Alito wrote.
However, the court determined that the FDA's actions were justified and aligned with earlier guidance provided to the companies.
Public health groups welcomed the decision, calling it a win for efforts to protect youth from nicotine addiction. Yolonda Richardson, president of Campaign for Tobacco-Free Kids, praised the ruling as a "major victory for the health of America's kids."
She added that the decision should encourage the FDA to continue regulating flavored e-cigarettes tightly.
BREAKING: A 9-0 Supreme Court upheld an FDA order prohibiting a retailer from marketing flavored vaping products, rejecting claims the agency switched its requirements during the application process.
— Katie Buehler (@bykatiebuehler) April 2, 2025
(FDA v. Wages & White Lion Investments, 23-1038) #SCOTUS https://t.co/EhRzcs9oRZ pic.twitter.com/mNwabaF91G
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Vaping Industry Vows to Continue Legal Fight After Supreme Court Ruling
While this ruling favors public health, vaping companies maintain that their products help adult smokers transition from cigarettes.
Eric Heyer, a lawyer representing the vaping industry, expressed disappointment in the decision but reiterated the industry's stance on harm reduction.
He stated that the companies would continue their legal battle, seeking further review in the 5th US Circuit Court of Appeals.
According to CNN, the Supreme Court's ruling sends the case back to the 5th Circuit to address a related issue: whether the FDA properly reviewed the companies' plans to prevent underage use of their products.
The vaping industry argued that the FDA dismissed these plans too quickly, despite their efforts to limit youth access.
The decision has implications beyond this particular case. It underscores the ongoing struggle between the vaping industry and the FDA's regulatory power over e-cigarettes. The FDA has long been concerned about the rise in youth vaping.
According to the FDA, 19% of high school students and 4.7% of middle school students vaped in 2020, far exceeding the number of students who smoked traditional cigarettes.
As the case returns to the lower courts, the future of flavored vaping products remains uncertain.
Vaping companies may still reapply for approval under a different regulatory environment, as the Trump administration had promised to ease restrictions on flavored e-cigarettes.
However, with the Biden administration in place, the FDA's position remains firm, keeping flavored products out of reach for many.
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