FDA vs. Vaping
E-Cigarette Firms Can Now Challenge FDA Decisions Closer to Home
The Supreme Court handed vaping companies a significant win, and it could shake up how the Food and Drug Administration regulates e-cigarettes. In a 7–2 decision, the justices ruled that e-cigarette businesses can challenge FDA decisions in courts outside of the agency’s home turf. Companies now have more options if they want to fight rules that block their products from the market. This case started with R.J. Reynolds Vapor Co., based in North Carolina, which sold popular berry and menthol- flavored vapes. The FDA said no to their Vuse Alto products, a move that basically wiped out a big chunk of the vaping market. Instead of being stuck filing in North Carolina or Washington, D.C. (FDA headquarters), R.J. Reynolds teamed up with Texas-based sellers and filed a lawsuit there. The 5th U.S. Circuit Court of Appeals sided with the e-cigarette businesses, deciding that if FDA decisions hurt a company, it should be able to sue where it is based. The Supreme Court agreed, with Justice Amy Coney Barrett writing that the law does allow companies to take action in their home states if agency decisions hurt them. This comes after an earlier Supreme Court ruling in April, in which the justices sided with the FDA in a case about banning most sweet-flavored e-cigarettes to curb teen vaping. That decision gave the agency major power to regulate, but companies now have more flexibility in legal battles.
“The court’s decision doesn’tmean vaping rules are disappearing; it just gives sellers a stronger chance to fight back when the agency makes a move that could hurt their business.”
Not everyone is thrilled with the new ruling. Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, voted against it, and groups like the Campaign for Tobacco- Free Kids also spoke out, warning the decision could let manufacturers “judge shop” to find friendlier courts. Conversely, attorney Ryan Watson, who represented R.J. Reynolds, called the decision a big win. He said FDA actions can have ripple effects that hurt retailers and other businesses, and this ruling keeps “the courthouse doors open” for those impacted. For him and the companies he represents, it’s about ensuring businesses have a fair shot at defending themselves. So, what does this mean for the vaping world? For one, companies now have more leeway to challenge FDA rules and keep their products on shelves. At the same time, the FDA still has considerable authority, and previous rulings about flavor bans and youth protection remain in place. The court’s decision doesn’t mean vaping rules are disappearing; it just gives sellers a stronger chance to fight back when the agency makes a move that could hurt their business. Ultimately, the battle over vaping regulations isn’t over. The Supreme Court’s ruling opens doors for manufacturers and retailers, and we’ll likely see more legal action in the months ahead.
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