FDA vs. Vaping Industry: Supreme Court Showdown
By Srija Kasturi
On Monday, the Supreme Court heard the oral arguments for the dispute between the Food and Drug Administration (FDA) and two e-cigarette companies, Triton Distribution and Vapetasia. The dispute arose when the FDA denied these companies the right to sell flavored vapes, citing concerns about rising youth addiction. Several medical groups, such as the American Medical Association, believe that the use of flavored vapes is a “public health crisis.” On the flip side of this argument, members of the vaping industry argue that vapes are useful to adults who are trying to quit smoking.
Background
The case revolves around the Family Smoking Prevention and Tobacco Control Act enacted in 2009. This law states that tobacco products must be authorized by the FDA prior to being commercialized. In 2016, this law was expanded to include all forms of e-cigarettes. In order for vape companies to meet FDA standards, they must show scientific evidence that the products actually promote public health. In 2021, Triton Distribution and Vapetasia submitted applications to launch their new flavored vapes. The FDA denied their applications on the grounds of “known and substantial risk to youth.” The premise was that marketing flavored vapes would draw in a younger demographic, posing a major public health risk. This outcome blindsided the vape companies as the FDA's guidance on meeting the scientific research requirements was vague and lacked clear standards.
The vape companies took their case to the U.S. Court of Appeals for the 5th Circuit, appealing the FDA’s decision. In a 10-6 split, the 5th Circuit reversed the FDA’s decision, siding with the vape companies. Judge Andrew Oldham believed the FDA pulled “regulatory switcheroos.” In response, the FDA appealed to the Supreme Court, requesting a review of the lower court’s decision, which led to Monday’s hearing.
Supreme Court Hearing
The justices were divided on the issue. Some, like Justice Alito, questioned whether the FDA's shifting standards unfairly blindsided manufacturers. Others, including Justice Kagan, focused on the agency’s discretion to balance public health risks against benefits. Solicitor General Elizabeth Prelogar argued that Triton and Vapetasias’ marketing plans, which included age-verification technology, were insufficient to deter teenagers from using their product. While the court is yet to make a decision, justices have made their respective stances clear.
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https://www.latimes.com/world-nation/story/2024-12-02/supreme-court-fda-vaping