Supreme Court’s Take On Flavored E-Cigarette Ban: What’s At Stake?

Vape pen, smartphone, clock on wooden table.

The Supreme Court is set to deliberate on the FDA’s flavored e-cigarette ban, drawing attention to public health concerns and regulatory authority.

At a Glance

The Supreme Court declined to hear a challenge to the FDA’s rejection of flavored e-cigarettes.
The FDA’s regulatory actions aim to protect public health, focusing on youth prevention.
Challenges to the FDA’s authority revolve around the Administrative Procedure Act.
Manufacturers argue that the FDA’s actions unfairly target flavored products potentially aiding smokers in quitting.

Supreme Court Declines Initial Challenges

The Supreme Court declined to hear a case challenging the FDA’s authority to reject flavored e-cigarette applications. This decision followed the 4th Circuit U.S. Court of Appeals upholding the FDA’s power, prioritizing public health concerns. The FDA’s stance hinges on protecting minors, arguing that flavored e-cigarettes increase the risk of tobacco usage among youth. Avail Vapor, one of the leading challengers, contended that the FDA denied its applications based on insufficient evidence.

The FDA’s Public Health Mission

The FDA has rejected over one million e-cigarette applications out of nearly seven million submissions. The agency’s strategy requires long-term studies to validate claims concerning flavored variants aiding smoking cessation. According to Solicitor General Elizabeth Prelogar, manufacturers have failed to adequately support their assertions. Critically, the FDA has authorized 23 tobacco-flavored e-cigarette products, signaling a cautious but open stance towards new tobacco products under specific conditions.

Industry Pushback and Legal Frictions

The e-cigarette industry argues that the FDA’s focus on non-smokers’ risk disregards potential benefits for smokers seeking alternatives. Despite winning most legal battles, the FDA faced criticism from the 5th U.S. Circuit Court of Appeals for imposing new testing requirements without prior notice. The upcoming Supreme Court hearing will address if the FDA’s regulation breaches the Administrative Procedure Act. The decision will have broad implications for public health, regulatory authority, and future federal agency decisions.

MONDAY: U.S. Supreme Court Oral Argument: FDA v. Wages and White Lion Investments, a case involving the FDA's rejection of applications by two companies to sell flavored vape products amid concerns of use among teens – 10am ET on C-SPAN https://t.co/XFHtHP8bWx

— CSPAN (@cspan) December 1, 2024

The case holds the potential to shape future regulatory practices and legal challenges, spotlighting the tension between federal oversight and market dynamics. While the focus remains on health standards, the broader context of market influences and judicial review will be pivotal in resolving this sensitive issue.