Justices Send Vaping Case Back to Fifth Circuit After FDA Win

The US Supreme Court on Monday sent a challenge back to a lower court to evaluate whether the FDA lawfully denied marketing applications for flavored e-cigarettes, an order that comes after the justices sided with the agency this month in a high-stakes battle over vaping products.

The high court remanded a legal battle between the Food and Drug Administration and five e-cigarettes manufacturers to the US Court of Appeals for the Fifth Circuit for further consideration in light of its earlier decision in FDA v. Wages and White Lion Investments, LLC.

The justices April 2 reinstated the FDA’s denial ...