The Supreme Court on Wednesday unanimously overturned a lower court’s decision that the Food and Drug Administration incorrectly blocked companies from selling fruit- and candy-flavored vaping products.
The court rejected the conclusion that the FDA changed the rules on the companies as it was evaluating the companies’ marketing requests.
Justice Samuel Alito wrote that the court "cannot say that the FDA improperly changed its position."
But the decision did not resolve the companies' complaint that the FDA also didn't consider its proposals to keep its products out of the hands of minors. The court directed the New Orleans-based 5th U.S. Circuit Court of Appeals to reconsider that aspect of the case under a different legal standard.
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