Supreme Court upholds FDA's power to ban flavored e-cigarettes

The Supreme Court has declined to hear a case challenging the FDA's authority to reject flavored e-cigarette approvals. The case is one of several challenges to the FDA's regulation of the vaping industry, which has become an $8.2 billion market. The FDA has the power to deny applications for flavored e-cigarette products to protect public health and discourage younger people from smoking. Avail Vapor, a vape retailer, argued that the FDA unfairly denied its product applications based on requirements the agency changed without notifying companies. The FDA rejected Avail Vapor's applications because they did not present long-term studies demonstrating the effectiveness of their sweet-flavored vapes in helping adult smokers quit compared to tobacco-flavored e-cigarettes. The decision has implications for the vaping industry, which has seen a rise in sales despite efforts to restrict flavors favored by teens.