The Supreme Court will consider federal restrictions on e-cigarette products in its next term, as the court took up a case Tuesday concerning whether two companies’ flavored products should be restricted by the Food and Drug Administration—as e-cigarettes have continued to garner scrutiny for their appeal to children and teens.
The Supreme Court will consider whether the FDA should restrict flavored e-cigarette products given ... [+]
The Supreme Court announced it will hear arguments next term in the case FDA v. Wages and White Lion Investments, but did not provide any other comment on its decision.
E-cigarette companies Triton Distribution and Vapetasia LLC went to court after the FDA refused to authorize their flavored e-liquids—in such flavors as “Jimmy The Juice Man Peachy Strawberry,” “Iced Pineapple Express” and “Killer Kustard Blueberry”—with the FDA arguing any benefits the products could pose in curbing cigarette smoking among adults were outweighed by their risk in attracting children and teens.
The Fifth Circuit Court of Appeals then ruled in favor of the companies, finding the FDA acted unfairly in imposing last-minute requirements for e-cigarettes without notice and then rejecting companies’ applications.
The federal government asked the Supreme Court to take up the case, arguing the Fifth Circuit’s decision “has far-reaching consequences for public health and threatens to undermine the Tobacco Control Act’s central objective of ‘ensuring that another generation of Americans does not become addicted to nicotine and tobacco products.’”
The case is expected to impact other e-cigarette companies that have also challenged the FDA’s rulings on their products in court, with NBC News noting several other vape companies—who lost their court rulings—have also asked the Supreme Court to take up their cases.
It’s unclear when the Supreme Court will hear oral arguments in the case, but will issue a ruling at some point before its term ends next June.
The court’s decision comes after the Supreme Court previously declined to take up a similar case in 2023, in which a different e-cigarette company wanted the court to reconsider a ruling where the court sided with the FDA.
The flavored vapes case is one of a number of decisions the court came out with on Tuesday, as its term wraps up for the year. The court also decided to hear a case on Texas’ age verification law for adult websites, but declined to take up a dispute over Illinois’ assault weapons ban, among other orders.
This story is breaking and will be updated.