The Supreme Court ruled Wednesday in favor of the Food and Drug Administration (FDA), upholding its denial of applications from two companies seeking to sell flavored e-cigarette liquids. In a unanimous decision, the Court dismissed a ruling from the 5th Circuit Court of Appeals, which had claimed the FDA misled the companies by changing its stance without proper justification.
The case centers on flavored e-liquids from Triton Distribution and Vapetasia, which the FDA rejected in 2021. The FDA argued that such products could encourage youth smoking, citing insufficient evidence that they would aid adult smokers. The companies had followed the FDA’s initial guidelines but were later denied without acknowledgment of their submitted marketing plans.
The Supreme Court, in a ruling by Justice Samuel Alito, emphasized that the FDA’s actions were within the bounds of administrative law. The Court noted that federal agencies are allowed to change positions if they provide adequate reasoning and account for prior decisions.
Alito acknowledged that the FDA’s guidance was unclear at times but upheld that its eventual denials were consistent with the agency’s broad regulatory authority. The Court also clarified that the failure to consider marketing plans in these applications would not necessarily change the outcome, sending the case back to the 5th Circuit for further review.
Justice Sonia Sotomayor added a brief concurring opinion, asserting that the FDA had not been uncertain in its approach but had exercised reasonable flexibility in its evaluation process.
The ruling reinforces the FDA’s authority in regulating tobacco products, particularly e-cigarettes, with an emphasis on public health protections.
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