FDA Regulatory Power Over Vapor Products Upheld by Supreme Court Decision


Since the FDA has taken over regulation of all deemed tobacco products including vapor, e-cigarettes, hookah and cigars, the agency has tried to impose regulations that restrict the sale and marketing of certain products and place limitations on how these products are ultimately brought to market.

The Biden Administration urged the Supreme Court to reject the appeal made by Big Time Vapes and the United States Vapor Association, arguing that Congress made it clear that the FDA should regulate the tobacco industry in the interest of public health and to ensure the public, especially children, never become addicted to nicotine or the adverse health risks associated with tobacco use.

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