Supreme Court to Hear Arguments Over FDA’s Rejection of Flavored Vape Products

The Fifth Circuit held that the FDA’s rejections were arbitrary and capricious.

E-cigarettes are displayed at Gone With the Smoke Vapor Lounge in San Francisco on May 5, 2016. Justin Sullivan/Getty Images

The U.S. Supreme Court is expected to hear oral argument on Dec. 2 over the Food and Drug Administration’s (FDA) decision to reject two companies’ request for authorization to market various vape flavors.

FDA v. Wages and White Lion Investments is one of multiple cases related to e-cigarettes to make it to the Supreme Court this term and raises questions about the impact of products like flavored vaping liquid on public health, particularly for minors.