Clouds of Confusion: Vapes vs. FDA Rules (FDA v. Wages and White Lion Investments)

In this episode, we dive into the legal battle between e-cigarette manufacturers and the FDA—a case that’s making waves all the way to the Supreme Court. Back in 2009, Congress put vaping under FDA oversight, but fast forward to 2021, and manufacturers claim the agency pulled a last-minute rule change, shutting down their applications without warning. The FDA says it’s just doing its job to protect public health—especially kids. So, did the agency play fair, or did it pull a “regulatory switcheroo,” as the Fifth Circuit called it? We break down the arguments, the legal implications, and what this case means for government transparency, corporate accountability, and the future of flavored vapes.Tune in as we unpack the puffs, politics, and procedures behind this high-stakes case!Here are our sources:https://www.oyez.org/cases/2024/23-1038https://www.scotusblog.com/case-files/cases/food-and-drug-administration-v-wages-and-white-lion-investments-llc/ https://www.scotusblog.com/2024/12/justices-hear-fda-case-on-flavored-vapes/https://www.supremecourt.gov/DocketPDF/23/23-1038/323413/20240826164114741_23-1038tsFDA.pdf https://www.fda.gov/about-fda/what-we-dohttps://www.supremecourt.gov/DocketPDF/23/23-1038/327672/20241007153644875_23-1038%20Brief%20for%20Respondents.pdf