Supreme Court hears fight over FDA's refusal to approve flavored vapes
WASHINGTON — The Supreme Court on Monday 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 will hear a dispute over the Food and Drug Administration's refusal to approve flavored e-cigarettes over public health concerns.
The case puts the FDA's role in approving new tobacco products under the microscope at a time when e-cigarettes, or vapes, have flooded the market.
Makers of flavored vapes have brought various cases around the country challenging FDA decisions.
Although the FDA won most of those cases, it appealed to the Supreme Court after it lost one of them in the New Orleans-based 5th U.S. Circuit Court of Appeals.
The legal issue before the justices is whether the FDA failed to correctly consider the companies’ requests, in violation of a federal law called the Administrative Procedure Act.
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