Supreme Court to Review FDA’s Position on New E-Cigarette Products

The U.S. Supreme Court on Tuesday heard an appeal by the U.S. Food and Drug Administration (FDA) after a lower court ruled the agency introduced surprise requirements for marketing applications for new e-cigarette products.

The FDA has rejected applications to market new e-cigarette products because it was unclear whether the number of adults using them to quit smoking outweighed the risk of youth taking up vaping. Below, the U.S. Court of Appeals for the Fifth Circuit ruled that the FDA “turned the tables” on e-cigarette applicants by requiring them to submit certain scientific studies to support their public health claims.