On Monday, the Supreme Court of the United States declined to hear a case challenging the Food and Drug Administration (FDA)’s authority to reject flavored e-cigarettes. This outcome marks a major blow to the vaping industry, which had sought to overturn the federal ban on flavored e-cigarettes.
The lawsuit argued that the FDA did not have the authority to issue a ban without conducting a thorough review of the products’ impact on public health, and that the agency had improperly concluded that the flavored products appeal to children. The lawsuit had the potential to undo the Trump Administration’s ban on flavored e-cigarettes, which has been in effect since late 2018.
The Supreme Court’s decision not to hear the case is a major setback for the vaping industry, as it leaves the ban in place and affirms the FDA’s authority to reject flavored e-cigarettes. The ban has been controversial, as it’s been criticized as an overly broad solution to the problem of teenage vaping. Opponents of the ban argue that it unfairly punishes responsible adult vapers, who may be using the flavored products as a smoking cessation tool.
The dispute over flavored e-cigarettes is certainly not over, however. Congress is looking into possible legislative solutions, and the FDA is also reviewing its public health policy regarding e-cigarettes. Whatever the outcome, the Supreme Court’s decision sends an important message to the vaping industry: the federal government has the authority to regulate e-cigarette products, and any successful challenge to that authority must go through the proper legal channels.