High Court Backs FDA in Sweet Vape Regulation to Address Teen Use

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Supreme Court delivers victory to FDA in legal battle over sweet-flavored vaping products, yet uncertainties remain as the fight to protect teens from nicotine addiction enters a new phase.

Quick Takes

The Supreme Court unanimously overturned a federal appeals court ruling, reinforcing the FDA’s authority to regulate flavored vaping products.
Justice Samuel A. Alito Jr. wrote the decision, noting that sweet flavors particularly appeal to middle and high school students.
The ruling isn’t final as the case returns to the 5th Circuit Court of Appeals for further review.
The FDA’s approach to vaping regulations could still change under President Donald Trump’s administration.
Public health advocates view the decision as a crucial step in protecting youth from nicotine addiction.

Supreme Court Backs FDA Authority Over Flavored Vapes

In a unanimous decision, the Supreme Court has reinforced the Food and Drug Administration’s authority to regulate sweet-flavored vaping products aimed at curbing youth nicotine addiction. The ruling overturned a previous decision by the 5th U.S. Circuit Court of Appeals that had sided with Triton Distribution, a manufacturer of flavored e-juices. The appeals court had claimed the FDA changed its standards without proper notice, but the Supreme Court, in an opinion written by Justice Samuel A. Alito Jr., determined that the FDA’s denials were largely consistent with agency guidance on tobacco regulations.

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 decision keeps in place, for now, an FDA order prohibiting the marketing of flavored tobacco products. However, this is not the final resolution of the matter. The Supreme Court has sent the case back to the U.S. Court of Appeals for the Fifth Circuit for further review, and the FDA’s approach could still change substantially under President Donald Trump’s administration. The court specifically noted the FDA’s failure to consider Triton’s marketing plan, which could influence the ultimate outcome of the case.

Public Health Implications and Industry Response

The ruling has been hailed as a victory for public health advocates working to protect youth from nicotine addiction. The FDA has rejected over a million flavored nicotine product applications, citing a lack of demonstrated net public benefit. Justice Alito specifically mentioned in the court’s opinion the potential appeal of flavored products to middle and high school students, which has contributed to increased demand among young Americans. While the FDA has maintained strict control over fruit and dessert flavors, some tobacco-flavored and menthol-flavored vapes have been approved for adult smokers.

Erika Sward from the American Lung Association expressed support for the ruling, emphasizing the role of flavors in attracting young users to vaping products. On the other side, Tony Abboud from the Vapor Technology Association voiced disappointment with the court’s decision, representing the industry’s perspective that such regulations may limit adult access to alternatives to traditional cigarettes. The industry has consistently argued that flavored vaping products help adult smokers transition away from more harmful combustible tobacco products.

Regulatory Uncertainty Ahead

Despite the Supreme Court’s decision, uncertainty remains regarding the future of vaping regulations. The FDA has not yet changed its vaping policies, but its top tobacco regulator, Brian King, was recently removed amid federal health workforce cuts. This personnel change, combined with the transition to a new presidential administration, could signal potential shifts in regulatory approaches. The FDA under President Biden’s administration denied Triton Distribution’s application to sell certain flavored e-juices, a decision that the Supreme Court has now upheld in principle.

As the case returns to the lower court for further review, both the vaping industry and public health advocates will be watching closely. The ultimate resolution will determine the availability of sweet-flavored vaping products in the market and potentially impact youth vaping rates across the nation. While the Supreme Court has reinforced the FDA’s regulatory authority for now, the regulatory landscape for electronic cigarettes remains in flux as governmental priorities evolve with changing administrations.