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FDA v. Wages and White Lion Investments

Decided23-1038October Term 20248-1

Lower Court: Fifth Circuit • Last updated: January 13, 2025

Plain-Language Summary

The Court upheld the FDA's authority to deny marketing authorization for flavored e-cigarette products. E-cigarette companies had argued the FDA acted arbitrarily when it denied their applications to sell flavored vaping products. The Fifth Circuit had agreed with the companies.

The Supreme Court reversed, finding that the FDA reasonably evaluated the applications and that companies failed to provide the scientific evidence the agency required. Only Justice Thomas dissented, arguing the FDA's review process was still flawed.

Vote Breakdown

Majority
8-1
Majority (8)

Gorsuch(author)

Alito (concurrence)

Kavanaugh (concurrence)

Dissent (1)

Thomas

Why This Matters

This decision reinforced the FDA's broad power to regulate tobacco and nicotine products, including e-cigarettes. It allows the agency to continue denying flavored vaping products that appeal to young people. The ruling is significant for public health policy and the future of vaping regulation in America.

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Key Facts

StatusDecided
Vote8-1
OutcomeReversed
AuthorGorsuch
ArguedOctober 7, 2024
DecidedJanuary 13, 2025
CategoryAdministrative Law
Lower CourtFifth Circuit
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