FDA v. Wages & White Lion Investments, L.L.C.

Overview

(U.S. Supreme Court, Apr. 2, 2025): The Supreme Court unanimously upheld the Food & Drug Administration’s denial of authorization to market flavored electronic cigarette products, overturning an en banc Fifth Circuit ruling that FDA’s actions were arbitrary and capricious. Under the Family Smoking Prevention and Tobacco Control Act, the FDA is required to deny any new tobacco product unless it would be appropriate for the protection of the public health. FDA denied the contested applications on the basis that flavoring drives youth smoking initiation and nicotine addiction and the Court upheld the Agency’s power to do so and its substantive decision under administrative law principles. Read the full opinion here.

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