“Supreme Court Passes on Opportunity to Challenge FDA Authority Over Flavored E-Cigarettes

The U.S. Supreme Court recently declined to hear a case challenging the authority of the Food and Drug Administration (FDA) to reject flavored e-cigarettes. The lawsuit was brought by the Vapor Technology Association (VTA), an industry group representing the interests of electronic nicotine delivery companies, against the FDA’s Commissioner, Stephen Hahn. The lawsuit sought to challenge the FDA’s decision to reject flavored e-cigarettes citing safety concerns. The VTA claimed that the FDA’s decision was based on flawed science and the agency was overstepping its authority in making such a decision. The Supreme Court refused to hear the case, leaving the appellate court’s ruling intact—which held the FDA was within its authority to reject flavored e-cigarettes because of safety concerns. The Supreme Court’s decision sets a precedent that gives the FDA broad authority to regulate the safety of e-cigarettes in the United States. It also indicates that companies must meet the agency’s standards for safety if they wish to sell flavored e-cigarettes. E-cigarette use has become increasingly popular among adolescents and young adults, leading to concerns about their health and safety. The FDA and other regulatory bodies have been working to limit the availability of these products, especially flavorings, which are particularly enticing to young people. The FDA has also sought to decrease youth access to nicotine and tobacco products by increasing the minimum age for their purchase to 21. The agency also supports the taxation of e-cigarettes, which advocates argue helps to decrease their use by making them more expensive. The Supreme Court’s decision is in line with the FDA’s mission to ensure safety and health. The FDA has the authority to regulate the sale of e-cigarettes to protect the public and reduce their use, especially by young people. As e-cigarettes continue to be regulated, the FDA has the power to limit their availability, impose requirements for their safety, and set the expectations for industry when it comes to selling and marketing these products.