TBA Law Blog

TBA Law Blog

Supreme Court Rules in Favor of FDA in Vape Flavor Dispute

Posted by: Azya Thornton on Apr 2, 2025
News Type: U.S. Supreme Court

The U.S. Supreme Court unanimously overturned a lower court ruling today, finding the Food and Drug Administration (FDA) acted lawfully in blocking two vaping companies from marketing fruity and dessert-flavored liquids for their electronic nicotine products. The decision rejected an earlier ruling from the U.S. Court of Appeals, The Hill reports. In an opinion written by Justice Samuel Alito, the court upheld the FDA’s approach, stating that the agency had made its decisions based on whether the products appealed to young people. The FDA has authorized the sale of only 34 electronic cigarette products, with all but one being tobacco-flavored, a flavor less popular among youth. In 2020, two companies petitioned the FDA to sell flavors such as sour grape and pink lemonade but the agency rejected those applications. The companies sued and the 5th U.S. Circuit Court of Appeals found in their favor. The FDA then appealed to the Supreme Court.

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.