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

From Border-Logistics Insiders to Retail Service Stations, Australia Mounts a Sweeping Crackdown on the Illicit Nicotine Trade as iGET Vapes Surface in A$80 Million Crime Networks
From Border-Logistics Insiders to Retail Service Stations, Australia Mounts a Sweeping Crackdown on the Illicit Nicotine Trade as iGET Vapes Surface in A$80 Million Crime Networks
Australian authorities have disclosed two major enforcement actions that go beyond product seizures and retail closures to examine how illicit tobacco and vape networks operate. On Aug. 14, the Multi Agency Strike Team said seven people had been charged and two criminal networks were valued by authorities at a combined A$80 million, or about US$56.8 million. Investigators allege the groups used bonded warehouses, freight businesses and “trusted insiders” in legitimate industries to circumvent border controls. In a separate operation on Aug. 11, more than 100 service stations were targeted as authorities sought information on illicit tobacco importation, distribution networks and the movement of sales proceeds.
Aug.17
FIFA Bans Vaping in 2026 World Cup Stadiums, Putting Nicotine Rules in Event Compliance Focus
FIFA Bans Vaping in 2026 World Cup Stadiums, Putting Nicotine Rules in Event Compliance Focus
FIFA’s 2026 World Cup stadium rules prohibit smoking, vaping and the use of any tobacco products or electronic smoking devices inside stadiums, including inner and outer perimeters, while electronic smoking devices, tobacco products, lighters and matches are listed as prohibited items, bringing nicotine-product management, venue compliance and cross-border legal differences into focus at a major global sporting event.
Jul.06
Former FDA Scientist Questions ZYN Review Over Pouch Material and Microplastic Risk
Former FDA Scientist Questions ZYN Review Over Pouch Material and Microplastic Risk
A former FDA toxicologist has questioned whether the agency fully assessed the material used in ZYN nicotine pouches before authorizing them for sale, raising concerns over possible microplastic exposure, according to STAT and The Examination.
Jul.16
Canadian Court Allows Juul and Altria Vape Class Action to Move Forward Over Youth Marketing Claims
Canadian Court Allows Juul and Altria Vape Class Action to Move Forward Over Youth Marketing Claims
A Quebec Superior Court has allowed a class action lawsuit against Juul Labs and Altria Group related to vaping products to proceed, involving allegations concerning marketing practices, youth exposure and corporate responsibility. The ruling only allows the case to move forward and does not represent a finding that Juul or Altria are legally liable. The case highlights continued legal risks facing vape companies regarding product marketing, youth protection and corporate accountability.
Jul.28
BAT Calls for Retailer Input in Future Nicotine Regulations
BAT Calls for Retailer Input in Future Nicotine Regulations
British American Tobacco (BAT) has called for stronger retailer involvement in shaping future nicotine product regulations in the UK, arguing that frontline market feedback should be considered during policy development. BAT said retailers provide direct insight into consumer behavior, market changes and regulatory implementation challenges. The comments come as the UK nicotine market undergoes regulatory changes, including the disposable vape ban, Vaping Products Duty and efforts to address illicit vape sales.
Jul.29
UK Councils Seize More Than 1.3 Million Non-Compliant Vapes One Year After Disposable Ban
UK Councils Seize More Than 1.3 Million Non-Compliant Vapes One Year After Disposable Ban
One year after the UK disposable vape ban came into force, local authorities continue to seize illegal and non-compliant vaping products. FOI data compiled by nicotine retailer Northerner shows more than 1.3 million products were seized between June 2025 and May 2026, with Bolton recording the highest number of seizures and Swansea reporting the highest estimated value.
Jul.21