Supreme Court grapples with FDA's refusal to approve flavored vapes
The Supreme Court will hear a dispute over the Food and Drug Administration's refusal to approve flavored e-cigarettes over public health concerns.
WASHINGTON — The Supreme Court on Monday probed whether the Food and Drug Administration unlawfully refused to approve flavored e-cigarettes over public health concerns.
During the oral argument, a majority of the nine justices appeared unconvinced that the agency had changed its standard for evaluating whether to approval products in the middle of the proceeding, as two companies argue.
But it is still possible the court could find fault in the agency's approach.
A person exhales vapor while using an electronic cigarette device in New York on Jan. 8, 2020.Michael Nagle / Bloomberg via Getty Images fileThe court has a 6-3 conservative majority that is often skeptical of federal agency decision-making.
But in a positive sign for the FDA, a key member of the conservative wing, Justice Brett Kavanaugh, seemed sympathetic to the agency's position.
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