Supreme Court Upholds FDA’s Authority Over Flavored E-Cigarettes
On April 2, 2025, the U.S. Supreme Court delivered a unanimous decision affirming the Food and Drug Administration’s (FDA) authority to regulate sweet-flavored vaping products. This ruling overturns a prior decision by the 5th U.S. Circuit Court of Appeals, which had favored Triton Distribution, a Dallas-based e-cigarette company. AP News+1AP News+1
The FDA had previously denied approval for over a million flavored nicotine products, including Triton’s “Jimmy The Juice Man in Peachy Strawberry,” citing insufficient evidence of a net public health benefit—a requirement under current law. The agency expressed concerns about the appeal of such products to youth and their potential to increase nicotine addiction among minors. AP NewsAP News+2AP News+2AP News+2
While the Supreme Court upheld the FDA’s regulatory actions, it noted that the agency had overlooked Triton’s marketing plan, which was previously considered a significant factor in product evaluations. Consequently, the case has been remanded for further review, allowing Triton the opportunity to address this aspect. AP News
This decision arrives amidst significant changes within the FDA. Recently, Brian King, the FDA’s chief tobacco regulator, was placed on administrative leave as part of extensive federal health workforce reductions. These layoffs have led to disruptions within the agency, creating a leadership vacuum and raising concerns about the future direction of tobacco and vaping product regulations. AP News+1AP News+1
The Supreme Court’s ruling reinforces the FDA’s mandate to oversee vaping products, particularly those with flavors that may appeal to younger demographics. As the agency undergoes internal restructuring, the implementation and enforcement of such regulations remain critical in addressing public health concerns related to e-cigarette usage among youth.
