TBA Law Blog


Posted by: Azya Thornton on Dec 2, 2024

The U.S. Supreme Court today heard a case over the FDA’s refusal to allow two e-cigarette companies to sell flavored vape products citing health risks to youths. According to Reuters, the FDA appealed a lower court's ruling that the agency did not follow proper legal procedures when it denied applications to sell nicotine-containing products. The companies challenged the FDA's denial, claiming that the agency assessed their applications under a regulatory standard that differed from published guidance the companies relied on. The case stems from a lower court ruling that found the FDA's rejection of the applications violated legal procedures under the Administrative Procedure Act. A ruling is expected by the end of June.