Supreme Court declines to hear case challenging FDA authority to reject flavored e-cigarettes

On Monday, April 26th, 2021, the United States Supreme Court declined to hear a case challenging the U.S. Food and Drug Administration’s (FDA) authority to regulate flavored e-cigarettes.

The dispute began when the FDA initiated a policy in January 2020 to restrict the sale of flavored and single-use electronic cigarettes. The FDA argued the flavors appealed to children and appealed to youth use of the products, which are potentially harmful to their health.

A group of vaping companies and users then sued the FDA and argued the agency lacked the authority to regulate the products. They also argued the restrictions violated their First Amendment right to free speech.

However, the Supreme Court agreed with the lower courts who found the FDA did not violate the First Amendment or lack the authority to regulate tobacco products.

The FDA’s flavored e-cigarette restrictions remain in effect and could potentially be expanded further if the agency takes further action.