The Supreme Court supports the FDA's no for flavored vaping products for now.

The Supreme Court helped the FDA on Wednesday. The FDA said no to flavored vaping products. This is a win for the government. It may make it hard to get these products in the country.

It is not clear if President Trump will change this. He said he wants to help vaping. The vaping companies can ask the FDA again for approval. The justices sent the case back to another court for more review.

Justice Samuel Alito wrote for the court.

The FDA said no to some vaping products for kids. These products had flavors like “Pink Lemonade” and “Rainbow Road.” The companies said the FDA changed the rules for approval.

The companies were upset. They said they did not know what proof they needed for approval. Alito wrote that the FDA did not break any promises.

Public health groups liked the Supreme Court’s decision. They said it is good for kids. They want the FDA to keep checking these products.

Yolonda Richardson from Campaign for Tobacco-Free Kids said this is a big win for kids. She said the FDA’s decisions are good and should continue.

The vaping industry says its products help people stop smoking. They say the flavors are good for adults.

Eric Heyer, who spoke for the vaping industry, said he was sad about the decision. He said the companies still believe their products can help smokers.

Heyer said the companies will keep fighting the FDA in court.

Public health advocates have warned about more young people vaping. The FDA said 19% of high school students and 4.7% of middle school students vaped in 2020. This is more than those who smoked.

In 2009, Congress gave the FDA new powers to control tobacco products. In 2016, the FDA said e-cigarettes are tobacco products. They started checking many new vaping products.

The vaping industry says the FDA changed its rules during the review. They had to show that flavored products help smokers more than tobacco-flavored ones.

In January, the 5th Circuit Court of Appeals agreed with the industry. They said the FDA made a mistake. Other courts did not agree with this.

Justice Sonia Sotomayor wrote a short note. She said the FDA was not unsure about how to review vaping products. They were giving companies a chance to show their products are good.

She wrote that it is not surprising that companies need to show proof that their products are safe for kids.

The Supreme Court sent the case back to the 5th Circuit to look at another part of the case about marketing plans.

At first, the FDA wanted companies to show their marketing plans. But then the FDA said it did not look at those plans because they did not work before.

The FDA’s actions raised a legal question. Alito wrote that the 5th Circuit read the rules too broadly.

But Alito also said the FDA was not completely right. He asked the appeals court to look at it again. This could bring the case back to the Supreme Court next year.

The vaping companies may have a better chance now. They can ask for approval again with a friendlier government. During the arguments, Justice Brett Kavanaugh asked how the companies could get help.

He asked if the companies can reapply.

Curtis Gannon from the Justice Department said yes, they can.

“They can reapply without a fee,” he said. “Some other applicants have reapplied.”

But a lawyer for the vaping industry said the FDA can take a long time to decide.

“They can’t afford to wait,” Heyer said. “This was their one shot.”

This story has new details from Wednesday.

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