Supreme Court backs FDA on flavored vape ban

The Supreme Court unanimously ruled that the Food and Drug Administration (FDA) was right in rejecting applications to sell fruit- and dessert-flavored e-cigarette liquids.

The FDA argued these flavors attract young users and increase nicotine addiction risks. The decision overturned a lower court ruling that found the FDA unfairly changed approval standards.

Justice Samuel Alito wrote that the FDA acted consistently with its guidelines. He noted that the “kaleidoscope of flavor options” entices nonsmokers, adding that there are around 7,700 unique e-liquid varieties.

The Centers for Disease Control and Prevention (CDC) reports that 1.6 million middle and high schoolers use e-cigarettes, with nearly 90% opting for flavored options.

The FDA has denied over a million flavored vape products. Public health officials say vaping harms brain development and may cause lung disease. Industry groups want clearer regulations.