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The US Supreme Court on April 27, 2020 declined to hear a case challenging the authority of the Food and Drug Administration (FDA) to reject flavored e-cigarettes, in a blow to the tobacco industry. This case stemmed from the FDA’s decision in 2018 to reject four new flavored e-cigarette products, arguing that they “posed a dangerous risk to the public health.” The tobacco giant competing in the vape market, R.J. Reynolds Vapor Company (RJR), then sued in federal district court, claiming the FDA was acting beyond its authority under the Tobacco Control Act. The lower court and a US appeals court both sided with the FDA, prompting RJR to petition for access to the Supreme Court.
However, the Supreme Court denied the petition without providing a comment on the matter, likely meaning they found there were sufficient legal grounds to reject RJR’s claims. This is yet another setback for the tobacco industry in its fight to keep e-cigarettes and other vaping products on the market. The Court’s decision leaves the FDA’s authority of regulating e-cigarettes and other tobacco products in place.