The Supreme Court appeared ready Monday to side with the Biden administration’s decision to keep certain flavored e-cigarettes off the market, as the justices explored the Food and Drug Administration’s approval process.
In oral arguments in FDA v. Wages and White Lion Investments, the Biden administration asked the justices to overturn a lower-court ruling that it said undermined decisions that have kept more than 1 million candy, fruit and other flavored e-cigarette products off the market nationwide.
The two companies that challenged the FDA decisions in this case, Triton Distribution and Vapetasia, sought approvals for flavors such as “Jimmy The Juice Man Peachy Strawberry,” “Iced Pineapple Express” and “Killer Kustard Blueberry.”
