FDA V. WAGES AND WHITE LION INVESTMENTS
The Court Upholds the Federal Ban on Flavored E-Cigarettes
Food and Drug Administration v. Wages and White Lion Investments was featured in Regulating E-Cigarettes, Supreme Court Debates (December 2024). The following is excerpted from the unanimous opinion written by Justice Samuel Alito, as prepared by the Court Reporter of Decisions. The 5th Circuit’s conclusion that the Food and Drug Administration (FDA) acted arbitrarily and capriciously in its adjudication of manufacturers’ premarket tobacco product applications is vacated because the FDA’s denial orders were sufficiently consistent with its predecisional guidance — as to scientific evidence, comparative efficacy and device type — and thus did not run afoul of the change-in-position…
