E-Cigarettes at the Supreme Court — Potential Implications for the FDA and Public Health
Abstract
This article analyzes the U.S. Supreme Court’s decision to hear FDA v. Wages and White Lion Investments, L.L.C., a case that may significantly affect the FDA’s regulatory authority over flavored e-cigarettes. The authors explore how the Fifth Circuit’s ruling criticized the FDA’s shifting evidentiary standards and its rejection of thousands of marketing applications for flavored products—decisions upheld by seven other circuits but overturned in the Fifth and Eleventh Circuits. The authors warn that a Supreme Court ruling against the FDA could hinder its ability to adapt to emerging public health threats, reduce informal communication with industry, and undermine its scientific discretion. They frame this case in the context of broader judicial challenges to expert agency authority, emphasizing the potential impact on youth nicotine addiction, public health enforcement, and regulatory precedent.
Keywords:
e-cigarettes
FDA authority
flavored vaping products
tobacco regulation
public health law
Supreme Court
Article Document
1 / 1
100%