Supreme Court Wrestles With Federal Regulation of Flavored Vapes

The Fifth Circuit held that the FDA effectively banned the products without considering all the evidence.

The U.S. Supreme Court building in Washington on Oct. 23, 2024. Madalina Vasiliu/The Epoch Times

The U.S. Supreme Court on Dec. 2 heard the U.S. Food and Drug Administration (FDA) defend its decision to turn down two companies’ request to market flavored vaping products.

The appeal arises out of a court ruling made during the Biden administration, which is now entering its final few weeks in office. President-elect Donald Trump, who will be inaugurated on Jan. 20, 2025, has promised to ease up on regulating the vaping industry, whose market in 2023 was valued at $28 billion.