US Supreme Court Overturns Precedent, Impacting E-Cigarette Industry and FDA

Regulations by 2FIRSTS.ai
Jul.03.2024
US Supreme Court Overturns Precedent, Impacting E-Cigarette Industry and FDA
US Supreme Court overturns decades-old precedent, potentially changing FDA's power in regulating e-cigarette industry.

According to VAPING360, the US Supreme Court has overturned a decades-old precedent that nearly gave federal agencies an insurmountable advantage in defending their regulations against legal challenges. The court's decision in Loper Bright Enterprises v. Raimondo (and a related case, Relentless v. Department of Commerce) could impact pending challenges in the e-cigarette industry against FDA regulations, potentially leading to changes in how the FDA regulates e-cigarette products.

 

The Supreme Court's decision overturned the Chevron doctrine based on the 1984 case of Chevron v. Natural Resources Defense Council. The Chevron doctrine held that as long as an agency's interpretation is reasonable, the court should defer to the "expertise" of federal agencies in interpreting ambiguous laws that the agency needs to implement.

 

This decision could potentially impact legal challenges to the FDA's interpretation of the 2009 Family Smoking Prevention and Tobacco Control Act (TCA), which grants the agency broad authority to regulate nicotine and tobacco products. The TCA does not specifically mention e-cigarette products, which were not on the market in the United States when the law was passed.

 

However, the FDA used a provision in the Tobacco Control Act to issue the 2016 "Deeming Rule," granting the agency regulatory authority over e-cigarettes, nicotine pouches, and other products not described in the 2009 legislation. The "Deeming Rule" establishes a system for manufacturers to submit market applications for e-cigarettes and other nicotine products.

 

When the FDA received a large number of pre-market tobacco applications (PMTAs) from small e-cigarette manufacturers and realized it was unable to individually consider them as required by the Tobacco Control Act (TCA), the agency created the so-called "deadly defects" system, allowing it to issue millions of marketing denial orders (MDOs) for flavored e-cigarette products without conducting actual scientific review.

 

In a friend-of-the-court brief submitted to the Supreme Court last year by a group of e-cigarette companies and trade organizations, industry lawyers explained how the FDA has used Chevron deference to create a maze of an elusive (essentially undefined) standard.

 

They wrote that the FDA "has taken a one-size-fits-all approach, which has dramatically tipped the scales in one direction, effectively banning all non-tobacco flavors (such as mint and fruit) of ENDS products, and in the process, focusing primarily on underage use, at the expense of adult smokers. The FDA implemented this de facto ban not by requiring Congress to amend the TCA or by establishing tobacco product standards through public notice and comment rulemaking procedures as required by the APA, but by issuing a regulation that is not based on the text, structure, and context of the TCA.

 

Due to the courts' tendency to view most challenges to federal agency power through the lens of Chevron deference, federal district and appellate courts have granted the FDA broad latitude to effectively ban all flavors of e-cigarettes, even when applications have been submitted, by improvising standards.

 

The decision of the Supreme Court in "Loper Bright" will impact how Congress writes laws, how federal agencies enforce laws, and how courts interpret laws. It could result in future court decisions partially limiting the FDA's Tobacco Products Center, forcing tobacco regulatory agencies to carefully consider the interests of adult consumers when reviewing market applications.

 

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

Altria Showcases Ploom, Marlboro Heated Tobacco Sticks and Non-Nicotine Energy Products at NACS Show 2026
Altria Showcases Ploom, Marlboro Heated Tobacco Sticks and Non-Nicotine Energy Products at NACS Show 2026
At the 2026 NACS Show, Altria displayed Ploom devices alongside imagery of Marlboro-branded heated tobacco sticks, while also featuring RIOT Energy and Proper Wild non-nicotine products. The booth showcased on! PLUS nicotine pouches, including 12 mg variants not listed among FDA-authorized products as of October 9, and NJOY e-cigarettes. Altria also presented convenience-store traffic figures highlighting its retail presence. 2Firsts examines the company's expanded product portfolio, non-nicotine business activities and the regulatory status of products displayed at the show.
EXPO
Oct.10
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI nicotine pouch brand Nordic Spirit has entered a long-term partnership with Manchester’s Co-op Live, becoming the venue’s Official Nicotine Pouch Partner. The 23,500-capacity venue is the UK’s largest indoor live entertainment arena. Nordic Spirit will run in-venue activations for existing adult nicotine consumers and sell products at selected arena bars. The agreement was entered into before the relevant UK sponsorship restrictions were introduced, while the government intends to implement a comprehensive ban on advertising and sponsorship of vaping and nicotine products from June 1, 2027.
Sep.07
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
Acme Vape Ltd, the company behind UK vaping brand IVG, has received HM Revenue & Customs approval to operate an excise warehouse for vaping products and participate in the Vaping Duty Stamps Scheme. The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Acme Vape Ltd says its approved warehouse in Preston will become operational under the new regime on the same date.
Regulations
Sep.18 by 2Firsts Perspectives
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
Philip Morris International is expanding its U.S. ZYN nicotine pouch portfolio with new 1.5 mg and 8 mg strengths and plans to move its core 3 mg and 6 mg dry-pouch products from 15 to 20 pouches per can in the fourth quarter of 2026. ZYN ULTRA is also commercially available, with FDA authorization covering 10 products at 9 mg and one 11 mg Smooth product. PMI U.S. lists the new 1.5 mg and 8 mg strengths as commercially available, but as of September 10 they do not appear on the FDA’s public authorization list. Public materials do not identify which PMTA submissions cover the two new strengths or their current review status.
Sep.11
Australia Extends Illicit Tobacco Crackdown From Tougher Penalties to Customs and Logistics Supply Chains
Australia Extends Illicit Tobacco Crackdown From Tougher Penalties to Customs and Logistics Supply Chains
Australia's federal government introduced a new illicit tobacco enforcement bill on September 10 that would strengthen evidentiary presumptions, representative sampling, seizure and forfeiture procedures, proceeds-of-crime powers and obligations for customs and logistics operators. The proposal follows the Combatting Illicit Tobacco Act 2026, which took effect in August and increased penalties while expanding investigative and asset-recovery tools. Together, the reforms extend Australia's crackdown from tougher criminal sanctions into import, logistics and evidentiary enforcement.
Sep.14