The U.S. Supreme Court heard arguments on the Food and Drug Administration's rejection of flavored vaping products, a case with implications for how federal agencies enforce regulations.
Pamela King reports for E&E News.
In short:
- The case revolves around the Administrative Procedure Act, which requires agencies to provide clear processes for public input.
- The FDA argued it acted within its authority, citing statutory requirements over flavored vaping products' public health risks.
- Justices debated whether the FDA provided sufficient guidance to the vaping industry and if the case impacts broader agency power.
Key quote:
“This was in fact a flip-flop by FDA.”
— Eric Heyer, attorney for the vaping industry
Why this matters:
The case could shape the scope of federal agencies' power to regulate industries, affecting public health decisions and environmental policies. If agency authority is curtailed, it may limit their ability to enforce rules addressing vaping, pollution and more.
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