Explainer Episode 70 – Food and Drug Administration v. Wages and White Lion Investments, LLC

On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA’s regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA use to make this determination? Why did the FDA decide to allow certain vape flavors, and not others? What are the effects on the FDA’s decision in this case on smokers? In promoting public health? On consumers? On the companies?