The U.S. Supreme Court heard a case against two vape companies that refused to sell condiment brands. Lawyers say Trump may adjust vape regulation. The Supreme Court’s ruling is expected by the end of June.
U.S. Supreme Court hears flavored vape case
The U.S. Supreme Court on Monday heard the Food and Drug Administration’s (FDA) refusal of two vape companies to sell flavored vape brands. Lawyers for the two companies said President Donald Trump could have taken a different approach.
When President Joe Biden, a Democrat, left office, the FDA appealed to a lower court, saying the agency did not follow proper judicial process when it denied applications for the sale of these smoke-tar products. It is the latest case in which the Supreme Court is examining the conduct of U.S. regulators, with Trump set to take office on January 20 and promising a broad loosening of controls.
Trump’s policies may shift the landscape
Eric Heyer, a lawyer for Distribution and Vapetasia who makes Triton vape liquid, said Trump’s return could prompt a shift in U.S. Government policy on flavored vape brands. He mentioned that Trump promised to “save vapes” during the campaign.
- “We will have a new government. The president-elect has made it clear. ‘I’m going to save flavored vapes.’ We don’t know what it will be like.”
In Triton 2020. Distribution and Vape Tasia filed a pre-market cigarette product application (PMTA) for flavors including sour grapes, pink lemon juice, and creme brulee. With names like “Jimmy The Juice Man Strawberry Astronaut” and “Suicide Bunny Bunny Season,” the FDA rejected more than a million products in the same category. Such products have been criticized for specifically appealing to minors.
FDA Approves Only 34 Flavors of Vapes
The FDA has only approved 34 vapes in all flavors that are tobacco or menthol. The agency said it did not explicitly ban flavored vape brands. However, since the FDA found flavored vapes posed a “known and significant risk” to youth, the company faced rigorous legal testing for health benefits and risks.
In 2021, Triton and Vape Tasia asked the Fifth Circuit Court of Appeals in New Orleans to review the FDA’s decision to deny their application. January, the Fifth Circuit Court ruled that the FDA violated the Administrative Procedure Act by failing to consider the company’s arbitrary and arbitrary actions in denying the application to prevent minors from accessing and using the program.
In similar cases, seven other federal appeals courts have upheld the FDA’s position.
Award by June 2025
Some justices doubted Triton and Vape Tasia’s claim that the FDA used a different regulatory standard than the already issued guidelines in evaluating their applications. Justice Elena Kagan, a liberal, informed lawyers on both sides that the FDA had been “completely honest” about its control guidelines.
- “So I don’t understand why this is so surprising. Everyone knows that condiments are especially dangerous for kids who start using smoking products.”
Justice Neil Gorsuch, arguing that the companies’ businesses were at risk, questioned whether the FDA process gave the companies a fair chance to file claims.
Judge Brett Kavanaugh, a conservative, said he was concerned about how companies would go after the FDA if it issued misleading guidance. But he also noted that the FDA is not obligated to issue guidance in vape cases. “I’m trying to figure out what the legal error is here.” He pointed out that even if vape companies lose in court, they can apply again for marketing authorization.
Heyer believes the process will take a long time and the company may be forced to shut down.
In general, the court has been skeptical of the power of federal regulators, including overturning the so-called Chevron doctrine. Which makes judges follow the agency’s interpretation of the law.
Justice Amy Coney Barrett, a conservative, questioned whether vape companies wanted the court to take the concept further.
- “It’s almost reverse respect to Chevron, except that we respect the applicant’s opinion.”
The Supreme Court is expected to rule by the end of June 2025.
