Supreme Court Upholds FDA Ban on Flavored E-Cigarettes

The Supreme Court declined to hear a case challenging the FDA's authority to reject flavored e-cigarette products.

The FDA rejected applications for flavored e-cigarettes in 2021, saying companies did not provide long-term studies showing flavors help adults quit smoking more than tobacco flavors.

Avail Vapor appealed the rejection, arguing the FDA did not notify companies about the need for comparative studies before the deadline.

The 4th Circuit ruled the FDA has authority to require evidence that e-cigarette benefits outweigh risks, which Avail did not provide.

The FDA has so far authorized 23 tobacco-flavored e-cigarettes but no sweet flavors, though unauthorized disposable flavors remain popular.