The Supreme Court just handed the FDA more power to regulate what you can vape, even if they have absolutely no idea what to do with it.
At a Glance
- Supreme Court unanimously ruled in favor of the FDA’s authority to regulate sweet-flavored vaping products, overturning a lower court decision
- The FDA has rejected over a million flavored nicotine product applications while approving some tobacco and menthol options
- The ruling is temporary as the case returns to the appeals court and the Trump administration may change the FDA’s approach
- Justice Alito wrote the opinion despite the lack of evidence that the FDA has a coherent regulatory strategy
Another Day, Another Government Power Grab
In a move that should surprise absolutely no one paying attention to the relentless expansion of federal agency power, the Supreme Court has unanimously ruled in favor of the FDA’s authority to regulate sweet-flavored vaping products. Justice Samuel Alito, who wrote the unanimous decision, apparently believes the unelected bureaucrats at the FDA deserve even more control over what adult Americans can and cannot consume.
This ruling overturns a federal appeals court decision that had previously recognized the FDA was changing its standards without proper notice – you know, that pesky due process thing our founders were so obsessed with.
The FDA, operating under the Biden administration’s “regulate everything that brings joy” doctrine, had denied Triton Distribution’s application to sell certain flavored e-juices. The agency has rejected over a million flavored nicotine product applications while somehow finding it in their infinite wisdom to approve some tobacco-flavored and menthol options.
How generous of them to decide which flavors adults are permitted to enjoy! Never mind that the entire vaping industry emerged as a safer alternative to cigarettes – the government knows what’s best for you.
The FDA was slow to regulate the now multibillion-dollar vaping market, and even years into the crackdown flavored vapes that are technically illegal nevertheless remain widely available. https://t.co/hSw0iTYXE8
— News 4 Buffalo (@news4buffalo) December 2, 2024
The FDA’s Regulatory Chaos
The 5th U.S. Circuit Court of Appeals had previously sided with Triton, claiming what any reasonable person could see – that the FDA changed its standards without proper notice. But apparently, according to the Supreme Court, federal agencies don’t need to follow consistent rules or provide fair warning before changing the goalposts.
Justice Alito did note the FDA’s failure to consider Triton’s marketing plan, which means this case isn’t completely dead yet. It’s been sent back to the appeals court for further review, which gives a sliver of hope that sanity might eventually prevail.
What’s particularly rich about this whole charade is that the FDA hasn’t actually figured out what its vaping policies should be. They’ve been fumbling around for years, and recently removed their top tobacco regulator, Brian King, amid federal health workforce cuts.
So the Supreme Court just affirmed the authority of an agency that has no coherent regulatory strategy. Make it make sense! This is the equivalent of giving a teenager the keys to a Ferrari while they’re still struggling with a learner’s permit.
The Trump Factor and Future of Vaping Regulations
There is a potential silver lining in this cloud of regulatory overreach. The FDA’s approach could change dramatically under President Donald Trump’s administration. Given Trump’s general stance against unnecessary regulations and bureaucratic red tape, we might see a complete reversal of these heavy-handed policies.
The court’s decision, while frustrating for advocates of limited government and personal freedom, may end up being moot if the incoming administration decides to take a more rational approach to vaping regulations.
Tony Abboud from the Vapor Technology Association expressed disappointment with the decision, as any reasonable person would. Meanwhile, anti-vaping crusaders like Erika Sward from the American Lung Association are celebrating this expansion of government control. It’s the same tired playbook – use “protecting the children” as cover for restricting adult freedoms.
If they were genuinely concerned about teen health, perhaps they’d focus on the mental health crisis or the obesity epidemic instead of demonizing products that help millions of adults quit smoking.
