Supreme Court Upholds FDA Actions on Sweet-Flavored Vaping Restrictions

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The Supreme Court allows the FDA to continue blocking sweet-flavored vaping products amid ongoing teen vaping concerns, but the final outcome remains uncertain as the Trump administration could potentially alter the agency’s approach.

Quick Takes

The Supreme Court unanimously upheld the FDA’s authority to deny applications for sweet-flavored vaping products targeted at youth.
Justice Samuel Alito wrote the decision, sending the case back to the 5th Circuit Court of Appeals for further review.
The ruling maintains current FDA prohibitions on marketing flavored tobacco products that appeal to teenagers.
While a victory for public health advocates, the decision is not final as FDA policies could change under the Trump administration.
The FDA has rejected over one million flavored nicotine product applications for failing to demonstrate public health benefits.

Supreme Court Backs FDA’s Authority on Flavored Vapes

In a unanimous decision, the Supreme Court has ruled in favor of the Food and Drug Administration’s authority to regulate sweet-flavored vaping products, overturning a previous federal appeals court ruling. The case centered around the FDA’s denial of Triton Distribution’s application to sell certain flavored e-juices, which the agency rejected during the Biden administration. Justice Samuel A. Alito Jr. authored the opinion, stating that the FDA’s denials were largely consistent with the agency’s guidance on tobacco regulations, contradicting the appeals court’s finding that the FDA had acted unlawfully.

Breaking news: The Supreme Court ruled unanimously that the Food and Drug Administration properly rejected applications to market fruit- and dessert-flavored liquids for e-cigarettes that the agency says are popular with young people who risk getting hooked on nicotine.…

— The Washington Post (@washingtonpost) April 2, 2025

The Supreme Court rejected claims from the 5th U.S. Circuit Court of Appeals that the FDA had changed its standards without proper notice when denying the applications. Instead, the high court determined that the agency had maintained consistent regulatory practices. However, the justices did note the FDA’s failure to consider Triton’s marketing plan, a factor that could still influence the final outcome of the case as it returns to the lower court for further consideration.

Youth Vaping Concerns Drive Regulatory Actions

Justice Alito specifically addressed the appeal of flavored vaping products to middle and high school students in the court’s opinion. The ruling highlights how these sweet-flavored products have contributed to increased demand among young Americans, fueling the FDA’s regulatory stance. The agency has rejected more than one million flavored nicotine product applications, consistently citing manufacturers’ inability to demonstrate that their products provide a net benefit to public health when considering both adult users and the risk of youth addiction.

While sweet flavors face strict scrutiny, the FDA has approved some tobacco-flavored and menthol-flavored vaping products for adult smokers. This distinction reflects the agency’s attempt to balance helping adult smokers transition away from traditional cigarettes while protecting youth from nicotine addiction. Public health advocates have praised the ruling as an important step in combating teen vaping, with Erika Sward from the American Lung Association emphasizing the role that flavors play in attracting young users.

Future of Vaping Regulations Remains Uncertain

Despite the Supreme Court’s decision, the future of vaping regulations remains uncertain. The case has been sent back to the U.S. Court of Appeals for the Fifth Circuit for additional review, meaning final resolution is still pending. Furthermore, the FDA’s approach to vaping products could change under President Donald Trump’s administration. Recent developments already indicate potential shifts in regulatory priorities, as the FDA’s top tobacco regulator, Brian King, was recently removed amid federal health workforce reductions.

Industry representatives like Tony Abboud from the Vapor Technology Association have expressed disappointment with the Supreme Court’s ruling. Vaping manufacturers argue that their products help adult smokers transition away from more harmful traditional cigarettes. The ongoing legal and regulatory battle highlights the tension between protecting youth from nicotine addiction and maintaining access to what some consider harm-reduction tools for adult smokers. As the case proceeds through additional review, both sides continue to advocate for their positions on how these products should be regulated.