FDA’s Vape Ban Hits the Right Note: Supreme Court Says “Let It Be”
FDA Law Blog
APRIL 6, 2025
By Andrew J. Hull & David B. Clissold & Sophia R. Gaulkin & Esther Petrikovsky Last week, the Supreme Court issued a unanimous decision in FDA v. Wages & White Lion Investments, LLC , No. 23-1038 (Apr. 2, 2025) that affirms FDAs denial of authorization to market flavored vape products. This opinion, which overrules a Fifth Circuit decision that FDA had acted arbitrarily and capriciously in denying premarket tobacco product applications submitted by manufacturers of flavored e-li
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