FDA Win on Flavored E-Cigarettes Won’t Be Undone by Justices

The US Supreme Court declined to review the Food and Drug Administration’s rejection of Avail Vapor’s application to market flavored electronic cigarettes.

The vape retailer claims in the case denied Tuesday that the agency made last-minute changes to its application process for new tobacco products, resulting in the denial of 99% of e-cigarette submissions.

The US Court of Appeals for the Fourth Circuit sided with the FDA, finding that Avail hadn’t shown that its products had benefits for adults that offset the risk to youth.

Avail claims many adult smokers use e-cigarettes as a way to quit smoking.

The case is Avail Vapor, LLC v. FDA, U.S., No. 22-1112.