• September 30, 2020

Court Upholds FDA Authority Over Vaping

Photo: Michal Kalasek | Dreamstime.com

The 5th U.S. Circuit Court of Appeals has upheld the U.S. Food and Drug Administration (FDA)’s authority to regulate e-cigarettes as tobacco products, reports Reuters.

A unanimous panel ruled Thursday that Congress’ decision to delegate vaping regulation to the FDA was constitutional under the non-delegation doctrine because Congress had articulated an “intelligible principle” in delegating authority to determine what qualified as a tobacco product to the FDA.

The 5th Circuit’s ruling is the latest rejection of a series of legal challenges from the vapor industry.