Could the FDA’s Approach to Vaping Cause an Increase in Smoking?
In early December, the Supreme Court heard oral argument in Food and Drug Administration v. Wages and White Lion Investments, a challenge to the FDA’s denial of marketing approval for flavored vaping products. The specific question before the Court is whether the U.S. Court of Appeals for the Fifth Circuit correctly concluded that the FDA’s denial of specific vaping product applications was arbitrary and capricious. Among other things, the FDA is accused of a bait-and-switch in evaluating vaping […]