Supreme Court Upholds FDA's Rejection of Flavored Vapes

The Supreme Court has declined to hear a case challenging the FDA's authority to reject flavored e-cigarette products. 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-cigarettes to protect public health and discourage younger people from smoking. Avail Vapor, a vape retailer, appealed the FDA's denial of its product applications, arguing that the agency changed requirements without notifying companies. The FDA rejected Avail's applications because they lacked 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, as efforts to restrict flavors favored by teens have not been successful, and many popular brands on the market are not FDA-approved and illegal.