Supreme Court declines to hear case challenging FDA authority to reject flavored e-cigarettes
The Supreme Court on Monday declined to hear an appeal of a decision rejecting a challenge to the U.S. Food and Drug Administration’s authority to ban flavored e-cigarettes.
The appeal, brought by AVAIL Vapor LLC and Ardmore Farms Enterprises LLC, argued that the FDA lacks the authority to ban the flavored products because they are not defined as “tobacco products” under the Federal Food, Drug and Cosmetic Act. The FDA has banned most flavored e-cigarettes in an attempt to reduce teenage vaping.
The U.S. Court of Appeals for the Fourth Circuit ruled last year that the FDA did have the authority to regulate the flavored e-cigarettes. The court held that the FDA could rely on a broader definition of “tobacco products” to include flavored e-cigarette products.
The Supreme Court’s decision not to hear the case leaves the Fourth Circuit ruling in place, meaning the FDA can continue to restrict the sale of flavored e-cigarettes.