Supreme Court to Review FDA E-Cigarette Products Decision

Regulations by 2FIRSTS.ai
Jul.03.2024
Supreme Court to Review FDA E-Cigarette Products Decision
The US Supreme Court agrees to hear case on FDA's refusal to approve flavored e-cigarette products, citing health risks.

According to a report from Reuters on July 2, the United States Supreme Court has agreed to hear arguments from the Food and Drug Administration (FDA) regarding its decision to deny two companies' applications to sell flavored e-cigarette products. The FDA believes that these products pose health risks to young consumers.

 

The Supreme Court will hear this case in the next term, which begins in October of this year. Prior to this, a lower court ruled that the FDA did not follow the proper legal procedures required by federal law when rejecting applications for nicotine-containing products to be marketed.

 

In 2020, e-cigarette liquid manufacturers Triton Distribution and Vapetasia LLC submitted product applications to the FDA for flavors such as sour grape, powdered lemonade, and caramel pudding. Some of the products included in the applications are "Jimmy The Juice Man Strawberry Astronaut" and "Suicide Bunny Bunny Season".

 

According to a rule that went into effect in 2016, the FDA now considers e-cigarettes to be tobacco products and, like traditional cigarettes, they must undergo review by the agency under the 2009 Tobacco Control Act. The rule requires manufacturers to seek approval in order to continue selling their products.

 

Although the FDA has claimed that it has not fully banned flavored e-cigarette products, companies seeking approval must meet strict legal standards because these products pose a "known and significant" risk to young people. In order to obtain approval from regulatory authorities, companies must prove that their marketing activities are "appropriate to protect public health".

 

According to court records, the FDA has rejected applications from these two companies as well as over one million other products. To date, the FDA has only approved 27 e-cigarette products, all of which are tobacco or mint flavored.

 

In 2021, Triton and Vapetasia appealed the FDA's rejection of their applications to the United States Fifth Circuit Court of Appeals in New Orleans.

 

In January of this year, a panel of 10 judges from the Fifth Circuit Court of Appeals ruled 10-6 that the FDA violated the federal Administrative Procedure Act by not considering a company's plan to prevent minors from accessing and using their products when rejecting an application. The decision was written by Judge Andrew Oldham, appointed by former Republican President Donald Trump. Oldham pointed out that the FDA initially requested detailed plans from e-cigarette companies on how they would prevent youth from misusing their products, but ultimately denied the applications without reviewing these plans.

 

Oldham stated that this did not fulfill the institution's obligation to be "open and straightforward," meaning they failed to communicate with the company in a direct and honest manner.

 

Triton's lawyer, Eric Heyer, stated that the company "looks forward to the Supreme Court reviewing the FDA's sudden implementation of new study requirements after the fact, as well as instances where the agency did not follow its own application guidelines."

 

The ruling of the Fifth Circuit Court of Appeals is at odds with the conclusions of other federal appellate courts on the issue, prompting the FDA to appeal to the Supreme Court.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Iowa Enforces Vape Registry Law as Retailers Warn Product Limits Could Increase Store Pressure
Iowa Enforces Vape Registry Law as Retailers Warn Product Limits Could Increase Store Pressure
Iowa has begun enforcing its vape registry law, requiring vape products to be registered before they can be legally sold in the state. The move follows a decision by the U.S. Court of Appeals for the Eighth Circuit to lift an injunction that had blocked enforcement. Retailers have warned that tighter product availability rules could increase pressure on vape shops. One Iowa retailer said that if only a limited number of products remain available, many stores could face significant business challenges.
Aug.06
Data|China’s January-May Vape Exports: U.S. Shipments Fall 13.8% as Japan Posts Fastest Growth
Data|China’s January-May Vape Exports: U.S. Shipments Fall 13.8% as Japan Posts Fastest Growth
According to China Customs export data analyzed by 2Firsts, the United States remained China’s largest destination for vape-related exports during January-May 2026 despite a 13.82% year-on-year decline in export value. Meanwhile, exports to Japan, Russia, Indonesia and the United Arab Emirates recorded strong growth, highlighting continued diversification across China’s export markets.
Special Report
Jun.29
Indonesia’s BNN Pushes Total Vape Ban as Health Ministry Tightens Tobacco Packaging Rules, Putting $40 Billion Industry at Risk
Indonesia’s BNN Pushes Total Vape Ban as Health Ministry Tightens Tobacco Packaging Rules, Putting $40 Billion Industry at Risk
Indonesia is entering a new phase of debate over vape and tobacco regulation. The National Narcotics Agency (BNN) has proposed a total vape ban, with some lawmakers supporting stronger restrictions. At the same time, the Health Ministry is advancing tobacco and nicotine regulations under Government Regulation No. 28/2024, including measures such as plain packaging and product controls. Tobacco and vape industries have warned that tighter rules could affect a sector worth around $40 billion, supporting about 6 million jobs and contributing significant tax revenue.
Jul.27
Nasdaq-Listed Vape Company iSpire Technology Restructures Leadership as Tuanfang Liu Becomes Sole CEO, BTIG Initiates Coverage on ODM Growth Opportunity
Nasdaq-Listed Vape Company iSpire Technology Restructures Leadership as Tuanfang Liu Becomes Sole CEO, BTIG Initiates Coverage on ODM Growth Opportunity
Nasdaq-listed vape company iSpire Technology has restructured its leadership team, with Tuanfang Liu becoming the company’s sole chief executive officer (CEO) and Michael Wang appointed CEO of Aspire North America. The move ends iSpire’s previous co-CEO structure and creates clearer responsibilities between group strategy and regional execution. Separately, BTIG initiated coverage on iSpire Technology with a Buy rating and a $3.50 price target, identifying ODM growth opportunities as a key investment factor.
Jul.27
Sesh touts independence, 8VC backing and retail reach as it challenges tobacco-owned pouch brands
Sesh touts independence, 8VC backing and retail reach as it challenges tobacco-owned pouch brands
U.S. nicotine pouch brand Sesh has emphasized its independence from Altria, Philip Morris International and British American Tobacco, along with backing from investors including 8VC, celebrity supporters and a retail footprint of more than 7,500 stores, as it seeks to differentiate itself in a market where major pouch brands are owned by large tobacco companies.
Regulations
Jul.07 by 2Firsts Perspectives
Product | APUS Launches Chloe 50K, Bringing Purse-Inspired Design to the U.S. High-Puff Disposable Market
Product | APUS Launches Chloe 50K, Bringing Purse-Inspired Design to the U.S. High-Puff Disposable Market
APUS has introduced the Chloe 50K disposable vape, which has appeared across U.S.-facing online retail channels including Element Vape and Vapesourcing. The device combines a purse-inspired body and chain attachment with a 20ml e-liquid capacity, 1,250mAh rechargeable battery, dual mesh coil, and battery and e-liquid indicators. It is rated for up to 50,000 puffs. The product does not appear on the FDA’s current list of authorized e-cigarettes, and U.S. retail availability does not indicate FDA marketing authorization.
Jul.15