The U.S. Supreme Court unanimously overturned a 5th Circuit decision regarding the Food and Drug Administration's (FDA) treatment of flavored e-liquids, which had been deemed "arbitrary and capricious." This ruling upholds the FDA's denial of authorization for the marketing of flavored vape products, marking a significant victory for nicotine delivery regulation. Legal experts suggest that this decision indicates the Court's willingness to support the FDA's regulatory authority, contrasting with its approach to other federal agencies. The ruling may also serve as a warning to district judges regarding the application of the arbitrary-and-capricious standard in regulatory enforcement and policy changes.
The justices handed a win to the Food and Drug Administration in its rejection of applications from makers of flavored liquids used in e-cigarettes. https://t.co/dTWX5qcl5w
This is a total inside baseball tweet for appellate and admin lawyers, but I think Justice Alito's dissent in Vanderstok is wrong and we shouldn't be setting aside entire regulations just because they could have some illegal applications. Let them be challenged as applied.
The Supreme Court ruling on an e-cigarettes case should be read as a shot across the bow at district judges who are overzealous in applying the arbitrary-and-capricious test to shifts in enforcement or changes of policy. | @baseballcrank https://t.co/u4c9tpycSW