The U.S. Supreme Court on April 2 unanimously threw out a lower court decision finding the Food and Drug Administration had broken the law when it denied two companies permission to sell flavored vape products.
The court’s 9–0 opinion in Food and Drug Administration (FDA) v. Wages and White Lion Investments was written by Justice Samuel Alito.
There is “strong evidence that [the] regulated entities had adequate notice of the sort of comparative analysis the FDA anticipated,” Alito wrote.
The FDA’s power to regulate vaping products comes from the federal Tobacco Control Act.
In 2016, the FDA made a rule that found e-cigarettes were tobacco products that came under the agency’s authority. The act requires e-cigarette makers to obtain permission from the agency to offer the vape products for sale to the public….