Supreme Court backs FDA’s denials of flavored vaping products for now

The Supreme Court on Wednesday backed a series of decisions by the Food and Drug Administration to deny market access for flavored vaping products in a rare win for government regulators that may limit access to those products across the nation, though the justices sent the case back to an appeals court for further review.

The Supreme Court on Wednesday backed a series of decisions by the US Food and Drug Administration to deny market access for flavored vaping products in a rare win for government regulators that may limit access to those products across the nation, though the justices sent the case back to an appeals court for further review. Though a partial win for the FDA, it remains uncertain whether President Donald Trump’s administration will shift gears and free up access to the products. During the campaign, Trump vowed to “save vaping.” The vaping companies are also entitled to reapply to the FDA for approval of their products. Justice Samuel Alito wrote the opinion for a unanimous court. At issue were a series of FDA denials during the first year of the Biden administration for vaping products that officials said are geared toward minors with flavors like “Pink Lemonade,” “Rainbow Road” and “Jimmy the Juice Man Peachy Strawberry.” Public health advocates have been warning for years about a spike in vaping among young Americans. The FDA reports that 19% of high school students and 4.7% of middle school students vaped in 2020 – a far higher share than students who smoked. This story is breaking and will be updated.