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Supreme Court Rules Against Makers of Flavored Vapes Popular With Teens
The Supreme Court ruled on Wednesday that the Food and Drug Administration had acted lawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes with names like Jimmy the Juice Man Peachy Strawberry, Signature Series Mom’s Pistachio and Suicide Bunny Mother’s Milk and Cookies.
In a unanimous decision written by Justice Samuel A. Alito Jr., the justices upheld an F.D.A. order that prohibited retailers from marketing flavored tobacco products. The court rejected claims that the agency had unfairly switched its requirements during the application process.
Justice Alito wrote that the agency’s denials of the applications were “sufficiently consistent” with agency guidance on tobacco regulations. The justices rejected a ruling by the U.S. Court of Appeals for the Fifth Circuit that the agency had acted arbitrarily and capriciously, finding that the F.D.A. had not tried to change the rules in the middle of the approval process.
In the opinion, Justice Alito highlighted the possible dangers of the flavored products appealing to middle and high school students, writing that “the kaleidoscope of flavor options adds to the allure of e-cigarettes and has thus contributed to the booming demand for such products among young Americans.”
“Flavors lure kids, which is why Congress gave F.D.A. the authority to make science-based decisions on what is appropriate for our nation’s health,” said Erika Sward, the assistant vice president for nationwide advocacy at the American Lung Association, who applauded the court’s ruling.
The decision comes at a fraught turning point for the agency.
In recent months, leaders celebrated a 10-year low in the percent of adolescents using e-cigarettes. The F.D.A. has attributed the decline to effective messaging targeted at teenagers and to aggressive enforcement against those who market illicit vapes in flavors like Unicorn Shake and watermelon bubble gum.
The agency is also grappling with deep cuts to its tobacco division staff and its counterpart at the Centers for Disease Control and Prevention, which gathers data on youth tobacco use. Amid thousands of staff cuts, Brian King, the director of the F.D.A.’s Center for Tobacco Products, was offered a new role in the Indian Health Service, with the option to work in Alaska or New Mexico — a tacit ouster.
Ms. Sward described the decimation of the federal tobacco control staff as “Christmas Day for big tobacco.”
“There is no one to keep the tobacco industry from flooding the market with its deadly products and no one left to count how many kids they addict,” she said.
The decision on Wednesday is a “ringing validation” of the F.D.A.’s work, said Mitch Zeller, a former director of the agency’s tobacco division who served during the first Trump administration and under Presidents Barack Obama and Joseph R. Biden Jr. But he said its timing — a day after the deep cuts — was ironic and boded poorly for the future of limiting youth tobacco use.
“The Trump administration’s destruction of the Food and Drug Administration and the Center for Tobacco Products, in particular, imperils the ability of the center to continue to do its job on behalf of the public health,” he said.
A 2009 law, the Family Smoking Prevention and Tobacco Control Act, requires makers of new tobacco products to obtain authorization from the F.D.A. According to the law, the manufacturers’ applications must demonstrate that their products are “appropriate for the protection of the public health.”
The agency has denied many applications under the law, including the two at issue in the case before the justices, saying the flavored liquids presented a “known and substantial risk to youth.”
The appeals court ruled last year that the agency had changed the rules in the middle of the application process, accusing it of “regulatory switcheroos” that sent the companies “on a wild-goose chase.” More formally, the court said the agency’s actions had been arbitrary and capricious.
In asking the Supreme Court to hear the case, Food and Drug Administration v. Wages and White Lion Investments, No. 23-1038, the agency’s lawyers cited another appeals court that had reached the opposite conclusion. The Fifth Circuit’s decision “has far-reaching consequences for public health and threatens to undermine the Tobacco Control Act’s central objective of ‘ensuring that another generation of Americans does not become addicted to nicotine and tobacco products,’” they wrote, quoting from the other appeals court’s decision.
What’s next for federal tobacco regulation is uncertain. President Trump has suggested that he will advance the interests of adults who use e-cigarettes, many of whom also use flavored vapes.
Major tobacco companies, though, have complied with F.D.A. rules and gotten approval to sell more staid products, including tobacco and menthol-flavored e-cigarettes. At least one company, Reynolds American, has donated heavily to Mr. Trump’s campaign and has made it clear that it wants the F.D.A. to crack down on the flavored e-cigarettes pouring in from China and taking away its market share.
The US is planning to board and seize Iran-linked oil tankers and commercial ships in the coming days, according to a Saturday report by The Wall Street Journal.
The report noted that these actions would take place in international waters, potentially outside of the Middle East.
The US “will actively pursue any Iranian-flagged vessel or any vessel attempting to provide material support to Iran,” US Chairman of the Joint Chiefs of Staff Gen. Dan Caine said. “This includes dark fleet vessels carrying Iranian oil.”
“As most of you know, dark fleet vessels are those illicit or illegal ships evading international regulations, sanctions, or insurance requirements,” Caine continued.
Caine was further quoted as saying that the new campaign, which would be operated in part by the US Indo-Pacific Command, would be part of a broader US President Donald Trump-led campaign against Iran, known as “Economic Fury.”
White House spokeswoman Anna Kelly told the WSJ that Trump was “optimistic” that the new measures would lead to a peace deal.
The potential US military action comes as Iran tightens its grip on the Strait of Hormuz, including attacking several ships earlier on Saturday, the WSJ reported.
The report cited CENTCOM as saying that the US has already turned back 23 ships trying to leave Iranian ports since the start of its blockade on the Strait.
The expansion of naval action beyond the Middle East will provide the US with further leverage against Iran by allowing it to take control of a greater number of ships loaded with oil or weapons bound for Iran, the report noted.
“It’s a maximalist approach,” said associate professor of law at Emory University Law School Mark Nevitt. “If you want to put the screws down on Iran, you want to use every single legal authority you have to do that.”
Iran claimed earlier on Saturday that it had regained military control over the Strait, intending to hold it until the US guarantees full freedom of movement for ships traveling to and from Iran.
“As long as the United States does not ensure full freedom of navigation for vessels traveling to and from Iran, the situation in the Strait of Hormuz will remain tightly controlled,” the Iranian military stated.
In addition, Iranian Supreme Leader Mojtaba Khamenei declared on Saturday in an apparent message on his Telegram channel that the Iranian navy is prepared to inflict “new bitter defeats” on its enemies.
new video loaded: The Origins of the Supreme Court’s Shadow Docket
By Jodi Kantor, Alexandra Ostasiewicz, June Kim and Luke Piotrowski
April 18, 2026
A Pakistani Ranger walks past a billboard for the U.S.-Iran peace talks in Islamabad on April 12, 2026. The talks, led by Vice President JD Vance, produced no concrete movement toward a peace deal.
Farooq Naeem/AFP via Getty Images
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Farooq Naeem/AFP via Getty Images
Despite stalled talks with Iran and a fragile ceasefire nearing its end, President Trump expressed optimism this week that a permanent deal is within reach — one that may include Iran relinquishing its enriched uranium. However, experts who spent months negotiating a nuclear agreement during the Obama administration say mutual mistrust, starkly different negotiating styles make a quick truce unlikely.
Referring to Vice President Vance’s whirlwind negotiations in Islamabad last week that appear to have produced little beyond dashed expectations, Wendy Sherman, the lead U.S. negotiator on the Joint Comprehensive Plan of Action (JCPOA) nuclear deal finalized in 2015, says the administration’s approach was all wrong.
“You cannot do a negotiation with Iran in one day,” she told NPR’s Here & Now earlier this week. “You can’t even do it in a week.” To get agreement on the JCPOA, she said, it took “a good 18 months.”
The talks leading to that deal highlighted Iran’s meticulous style of negotiation, says Rob Malley, who was also part of the JCPOA negotiating team and later served as a special envoy to Iran under President Joe Biden.
Summing up the two sides’ differing styles, Malley said: “Trump is impulsive and temperamental; Iran’s leadership [is] stubborn and tenacious.”
U.S. Secretary of State John Kerry speaks during a news conference on the Iran nuclear talks deal at the Austria International Centre in Vienna, Austria on July 14, 2015.
Pool/AFP via Getty Images
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Pool/AFP via Getty Images
In 2015, patience led to a deal
The talks in 2015, led by Secretary of State John Kerry and Iran’s Foreign Minister Mohammad Javad Zarif, culminated with a marathon 19-day session in Vienna to finish the deal, says Jon Finer, a former U.S. deputy national security adviser in the Biden administration. Finer was involved in the negotiations as Kerry’s chief of staff. He said his boss’s patience “was a huge asset” in getting the deal to the finish line, he said.
Mohammad Javad Zarif, Iran’s foreign minister during the negotiations for the Obama-era nuclear deal, speaks on April 22, 2016 in New York.
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“He would endure lectures … ‘let me tell you about 5,000 years of Iranian civilization’… and just keep plowing ahead,” Finer said, adding that a tactic of Iranian negotiators seemed to be “to say no to everything and see what actually matters” to the U.S.
“They’re just maddeningly difficult,” he said. “You need to go back at the same issue 10 or 12 times over weeks or months to make any progress.”
Even so, Finer called the Iranian negotiators “extremely capable” — noting that, unlike the U.S., they often lacked expert advisers “just outside the room,” yet still mastered the details of nuclear weapons, nuclear materials and U.S. sanctions.
“They were also negotiating not in their first language,” Finer added. “The documents were all negotiated in English, and they were hundreds of pages long with detailed annexes.”
Vance’s trip to Islamabad suggests that the U.S. doesn’t have the patience for a negotiation to end the conflict that could be at least as complex and time-consuming. “The Trump administration came in with maximalist demands and actually just wanted Iran to capitulate,” Sherman, who served as deputy secretary of state during the Biden administration, told Here & Now. “No nation – even one as odious as the Iran regime – is going to capitulate.”
Distrust but verify
Iran was attacked twice in the past year. First in June of last year, as nuclear negotiations were ongoing, Israel and the U.S. struck the country’s nuclear facilities. Months later, at the end of February, Iran was attacked again at the start of the latest conflict. This time around, “the level of trust is probably almost at an all-time low,” Malley said.
“It’s hard for them to take at their word what they’re hearing from U.S. officials,” Malley said. The Iranians, he said, have to be wondering how long any commitment will last and “will be very hesitant to give up something that’s tangible” – such as their enriched uranium – in exchange for anything that isn’t ironclad or subject to suddenly be discarded by Trump or some future president.
“Once they give up their stockpile … they can’t recapture it the next day,” Malley said.
Even during the 2013-2015 nuclear deal talks, the decades of mistrust between Tehran and Washington were impossible to ignore, Finer said. “Our theory was not trust but verify — it was distrust but verify,” he said, adding: “I think that was their theory too.”
Malley cautions about relying on the JCPOA as a guide to how peace talks to end the current war might go. The leadership in Tehran that agreed to the deal is now gone — killed in Israeli airstrikes, he says. The regime’s military capabilities are also greatly diminished and “whatever lessons were learned in the past … have to be viewed with a lot of caution, because so much has changed,” he said.
Negotiations have a leveling effect
Mark Freeman, executive director of the Institute for Integrated Transitions, a peace and security think tank based in Spain that advises on conflict negotiations, says several factors shape the U.S.-Iran relationship. Going into talks, one side always has the upper hand, he says, but negotiations have a leveling effect. “The weaker party gains just by virtue of entering into a negotiation process,” he said.
Each side is looking for leverage, he adds.
In Iran’s case, it has used its closure of the Strait of Hormuz to exert such leverage, while the White House has shown an eagerness to resolve the conflict quickly. “If one side perceives the other needs an agreement more … that shapes the entire negotiation,” he said.
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