U.S. Supreme Court refuses to consider Mississippi vape store’s challenge to FDA’s control over vaping products, e-cigarettes

Published 12:31 pm Tuesday, June 8, 2021

The U.S Supreme Court will not consider a Mississippi store’s challenge to the FDA’s regulatory control over vaping products.

The challenge — brought by a Picayune vape store called Big Time Vapes, Inc., as well as the United States Vaping Association — alleged that the 2009 Tobacco Control Act gave unconstitutional powers to the FDA in the regulation of the vaping products and e-cigarettes.

The Supreme Court on Monday declined to hear the challenge to the Food and Drug Administration’s authority.

The act establishes a framework for regulating tobacco products. Cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco are automatically subject to the Act. One section of the act authorizes the Secretary of Health and Human Services to determine which other products should be regulated. Big Time Vapes and the United States Vaping Association claimed that the FDA’s mandate by Congress is so broad that it violates the Constitution’s non-delegation doctrine, which holds that Congress cannot delegate its legislative authority to other agencies without specific guidance.

The Biden administration argued the Tobacco Control Act is constitutional.