The Supreme Court ruled on Wednesday that the Food and Drug Administration (F.D.A.) acted lawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes, including products with names such as Jimmy the Juice Man Peachy Strawberry and Signature Series Mom’s Pistachio.
In a unanimous decision authored by Justice Samuel A. Alito Jr., the justices upheld an F.D.A. order that prohibits retailers from marketing flavored tobacco products. The court dismissed claims that the agency had unfairly altered its requirements during the application process.
Justice Alito stated that the agency’s denials of the applications were “sufficiently consistent” with its guidance on tobacco regulations. The justices overturned a ruling by the U.S. Court of Appeals for the Fifth Circuit, which had found that the agency acted arbitrarily and capriciously, concluding that the F.D.A. did not change the rules mid-approval process.
The Family Smoking Prevention and Tobacco Control Act of 2009 mandates that manufacturers of new tobacco products obtain authorization from the F.D.A. The law requires that the manufacturers demonstrate their products are “appropriate for the protection of the public health.”
The F.D.A. has denied numerous applications under this law, including the two in question, citing that the flavored liquids posed a “known and substantial risk to youth.”
Last year, the appeals court ruled that the agency had altered its rules during the application process, labeling it a “regulatory switcheroo” that misled the companies. The court formally described the agency’s actions as arbitrary and capricious.
In requesting the Supreme Court to hear the case, Food and Drug Administration v. Wages and White Lion Investments, No. 23-1038, the agency’s lawyers referenced another appeals court that reached a different conclusion. They argued that the Fifth Circuit’s decision could have significant public health implications and could undermine the Tobacco Control Act’s primary goal of preventing nicotine and tobacco addiction in future generations.