Supreme Court declines to hear case challenging FDA authority to reject flavored e-cigarettes

On May 17, 2021, the Supreme Court of the United States declined to hear a case challenging the authority of the Food and Drug Administration (FDA) to reject flavored e-cigarettes. The case was brought by former e-cigarette maker NJOY, which was seeking to have overturned a federal appeals court ruling that upheld the FDA’s authority to reject flavored e-cigarette products.


The lower court ruling affirmed the FDA’s authority to ban flavored tobacco products, including e-cigarettes. The FDA had adopted a ban in 2019 following a spate of youth vaping that was seen as a serious health threat.

The Supreme Court’s decision to leave the lower court ruling in place means that the FDA’s ban on flavored e-cigarettes will remain in place, which goes against NJOY’s argument that the agency was not given authority to reject products without first going through a public rulemaking process.

NJOY’s attorneys argued that the FDA’s “arbitrary and capricious” ban, which included restrictions on advertising, was an overreach of the agency’s authority. However, the Supreme Court’s decision to deny the case ends the legal battle over the ban.

The FDA’s ban on flavored e-cigarettes is part of a broader aim to reduce the appeal of vaping products to young people. The agency has issued warnings and other restrictions on flavored vaping products, with the goal of reducing youth nicotine and tobacco use.

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