Supreme Court Hears Case on Regulation of Flavored E-Cigarettes

The Supreme Court heard oral argument in FDA v. Wages and White Lion Investments, a case involving the Food and Drug Administration’s rejection of applications by two companies to sell flavored vape products amid concerns of use among minors. In September 2020, Triton Distribution and Vapetasia LLC sought authorization from the FDA to market and sell flavored e-cigarette products. FDA denied their applications, stating that, under existing tobacco law, they did not provide sufficient evidence that the benefits of their products outweighed the risks for public health. The U.S. Court of Appeals for the Fifth Circuit ruled against the FDA, arguing that the agency unlawfully imposed new standards on the companies. The case was then taken up by the Supreme Court.