Democracy Dies in Darkness

Supreme Court appears sympathetic to FDA’s rejection of flavored vapes

The FDA has rejected applications for more than 1 million fruit-, candy- and dessert-flavored e-cigarettes and vaping liquids in recent years.

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A Puff Bar flavored disposable vaping device. (Marshall Ritzel/AP)

The Supreme Court appeared sympathetic Monday to arguments that the Food and Drug Administration acted properly when it rejected applications to market fruit- and dessert-flavored liquids for e-cigarettes that the agency says are particularly attractive to young people who risk getting hooked on nicotine.

The justices heard oral arguments in an FDA appeal of a lower-court decision, which found the agency had unfairly shifted its standards for approving the vaping products while deciding on applications from two companies.