The U.S. Supreme Court recently heard oral arguments in FDA v. Wages and White Lion Investments, LLC, a pivotal case concerning the Food and Drug Administration’s rejection of applications to market flavored nicotine vaping devices.

This is a landmark case for regulatory accountability related to public health and consumer choice.

At issue is whether the FDA acted arbitrarily and capriciously when denying numerous premarket tobacco product applications (PMTA), as alleged by the manufacturers and affirmed by the U.S. Court of Appeals for the 5th Circuit, which accused the FDA of a “regulatory switcheroo”.

Elizabeth Hicks, US Affairs Analyst of the Consumer Choice Center, observed today’s arguments and weighed in on the consequences of the case for consumers,

“This case underscores the need for fairness and transparency in regulatory processes. The FDA’s blanket denials have placed enormous hurdles on firms providing harm-reduction alternatives, potentially decimating an industry that millions of adult consumers rely on to transition away from smoking traditional cigarettes.”

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