The U.S. Supreme Court on June 20 ruled 7–2 that retailers wanting to sell a new tobacco product may seek judicial review when the Food and Drug Administration denies approval of the product.
The global vaping market was valued at $28 billion in 2023. Vaping advocates say the devices, which simulate cigarette smoking, assist smokers in quitting smoking cigarettes. Critics say the products, especially flavored varieties, run the risk of addicting young people to nicotine.
Justice Amy Coney Barrett wrote the majority opinion in FDA v. R.J. Reynolds Vapor Co.
The Jan. 21 oral argument focused on procedural issues rather than on whether the FDA was correct in its 2023 ruling denying approval of certain flavored vaping products from the company….