Supreme Court hears case on FDA regulation of vapes

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The Supreme Court is hearing a case regarding the FDA’s decision to block flavored vaping products, which could change how the agency regulates tobacco. Two e-cigarette manufacturers sued the FDA after their marketing applications were denied, arguing that the agency changed its standards midway. The 5th U.S. Circuit Court of Appeals ruled against the FDA, stating it must adhere to statements made in guidance documents. If the Supreme Court upholds this decision, the FDA may release fewer guidance documents. This case has broader implications for the regulation of tobacco and other products under the FDA’s purview.

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