U.S. Supreme Court Rejects Vape Company Appeal as FDA Moves Toward Tighter Regulation of Flavored Va

The U.S. Supreme Court has rejected an appeal from a vape company regarding the recent rejections of various e-cigarette applications by the FDA.

According to a report by the Associated Press on October 10, the U.S. Supreme Court declined to hear an appeal concerning the FDA's recent rejections of various e-cigarette applications.

The case originated from the FDA's decision in 2021 to deny all requests from Avail Vapor for fruit-flavored and dessert-flavored e-cigarettes. The company claimed that the FDA intentionally complicated the application process, leading to a large number of new product submissions being rejected.

The company argued that the FDA failed to inform them of a policy change that only allowed the inclusion of research data over time in applications, comparing the effects of various flavored products with tobacco-flavored products used as adult smoking cessation aids.

As the court rejected the lawsuit, the FDA is intensifying its efforts to regulate flavored e-cigarettes.

On May 12, the FDA issued denial orders to 10 companies that collectively produced and marketed approximately 6,500 flavored e-liquid and e-cigarette products. The FDA stated that these companies failed to provide sufficient evidence that "allowing the sale of these products is appropriate for the protection of public health."

Among the denied products were e-cigarettes with flavors such as mint, strawberry cheesecake, and cool mint. The FDA conducted a study on the use of e-cigarettes among middle and high school students and found that 84.9% of students using these devices were using non-tobacco flavored e-cigarettes.