Vape makers see the Court’s ruling as a weapon in the fight against the FDA

WASHINGTON — Vape makers are taking a victory lap over a Supreme Court decision that could dramatically weaken the Food and Drug Administration’s power to regulate tobacco and nicotine products as it sees fit.

The court on Friday struck down a court rule known as the Chevron Doctrine, which instructed courts to leave certain legal issues to regulators. Vape manufacturers see the decision as a powerful weapon in their fight against the FDA’s efforts to ban the majority of vapes from store shelves.

The FDA has argued that its decision to ban more than 1 million vapes is in line with a 2009 law that directed the agency to approve new tobacco and nicotine products only if they are “appropriate for the protection of the public health,” and vape companies have done so too. repeatedly tried, and largely failed, to convince judges that the FDA’s approach was unlawful. Now, buoyed by the Supreme Court’s decision, Washington’s two vape trade organizations see the potential for a big breakthrough.