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FDA can still regulate e-cigs

08 Jun 2021. The US Supreme Court has rejected an appeal from a Mississippi vape shop and an industry trade group regarding the FDA’s regulation of e-cigarettes and vapes, reports Bloomberg.

The 2009 Tobacco Control Act gave the US Food and Drug Administration (FDA) authority to regulate tobacco and in 2016, it took on the regulation of anything that falls under the definition of tobacco products, including e-cigarettes, vape pens, cigars and hookah. This means the agency is able to restrict ingredients, block the sale of new products and limit advertising, according to Bloomberg.

The appeal, which was launched by Big Time Vapes Inc. and the United States Vaping Association, stated that Congress had violated the Constitution by giving the FDA such authority.

“The authority to decide the circumstances under which a given activity or product shall be subjected to federal regulation is quintessentially one of legislative policy,” they argued.

On the other hand, the Biden administration urged the Supreme Court to reject the appeal, saying the FDA is in charge of regulating the tobacco industry in order to protect the public from health risks, addiction and false advertising.

“In the definitions, findings, and statements of purpose that it included in the TCA, Congress laid out intelligible principles with appropriate boundaries for FDA to apply,” acting U.S. Solicitor General Elizabeth Prelogar argued in court papers. “That is more than Congress was required to do to satisfy the non-delegation doctrine.”