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Supreme Court widens court options for vaping companies pushing back against FDA rules

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Supreme Court widens court options for vaping companies pushing back against FDA rules
News

News

Supreme Court widens court options for vaping companies pushing back against FDA rules

2025-06-21 02:53 Last Updated At:03:01

WASHINGTON (AP) — The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.

The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.

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FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr., File)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr., File)

The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.

The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.

The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.

The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.

The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”

The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.

In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.

The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court's April decision.

Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.

Follow the AP’s coverage of the Supreme Court at https://apnews.com/hub/us-supreme-court.

FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr., File)

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr., File)

ST. LOUIS (AP) — World champions Ilia Malinin and the ice dance duo of Madison Chock and Evan Bates will anchor one of the strongest U.S. Figure Skating teams in history when they head to Italy for the Milan Cortina Olympics in less than a month.

Malinin, fresh off his fourth straight national title, will be the prohibitive favorite to follow in the footsteps of Nathan Chen by delivering another men's gold medal for the American squad when he steps on the ice at the Milano Ice Skating Arena.

Chock and Bates, who won their record-setting seventh U.S. title Saturday night, also will be among the Olympic favorites, as will world champion Alysa Liu and women's teammate Amber Glenn, fresh off her third consecutive national title.

U.S. Figure Skating announced its full squad of 16 athletes for the Winter Games during a made-for-TV celebration Sunday.

"I'm just so excited for the Olympic spirit, the Olympic environment," Malinin said. “Hopefully go for that Olympic gold.”

Malinin will be joined on the men's side by Andrew Torgashev, the all-or-nothing 24-year-old from Coral Springs, Florida, and Maxim Naumov, the 24-year-old from Simsbury, Connecticut, who fulfilled the hopes of his late parents by making the Olympic team.

Vadim Naumov and Evgenia Shishkova were returning from a talent camp in Kansas when their American Airlines flight collided with a military helicopter and crashed into the icy Potomac River in January 2025. One of the last conversations they had with their son was about what it would take for him to follow in their footsteps by becoming an Olympian.

“We absolutely did it,” Naumov said. “Every day, year after year, we talked about the Olympics. It means so much in our family. It's what I've been thinking about since I was 5 years old, before I even know what to think. I can't put this into words.”

Chock and Bates helped the Americans win team gold at the Beijing Games four years ago, but they finished fourth — one spot out of the medals — in the ice dance competition. They have hardly finished anywhere but first in the years since, winning three consecutive world championships and the gold medal at three straight Grand Prix Finals.

U.S. silver medalists Emilea Zingas and Vadym Kolesnik also made the dance team, as did the Canadian-born Christina Carreira, who became eligible for the Olympics in November when her American citizenship came through, and Anthony Ponomarenko.

Liu was picked for her second Olympic team after briefly retiring following the Beijing Games. She had been burned out by years of practice and competing, but stepping away seemed to rejuvenate the 20-year-old from Clovis, California, and she returned to win the first world title by an American since Kimmie Meissner stood atop the podium two decades ago.

Now, the avant-garde Liu will be trying to help the U.S. win its first women's medal since Sasha Cohen in Turin in 2006, and perhaps the first gold medal since Sarah Hughes triumphed four years earlier at the Salt Lake City Games.

Her biggest competition, besides a powerful Japanese contingent, could come from her own teammates: Glenn, a first-time Olympian, has been nearly unbeatable the past two years, while 18-year-old Isabeau Levito is a former world silver medalist.

"This was my goal and my dream and it just feels so special that it came true,” said Levito, whose mother is originally from Milan.

The two pairs spots went to Ellie Kam and Danny O'Shea, the U.S. silver medalists, and the team of Emily Chan and Spencer Howe.

The top American pairs team, two-time reigning U.S. champions Alisa Efimova and Misha Mitrofanov, were hoping that the Finnish-born Efimova would get her citizenship approved in time to compete in Italy. But despite efforts by the Skating Club of Boston, where they train, and the help of their U.S. senators, she did not receive her passport by the selection deadline.

“The importance and magnitude of selecting an Olympic team is one of the most important milestones in an athlete's life,” U.S. Figure Skating CEO Matt Farrell said, "and it has such an impact, and while there are sometimes rules, there is also a human element to this that we really have to take into account as we make decisions and what's best going forward from a selection process.

“Sometimes these aren't easy," Farrell said, “and this is not the fun part.”

The fun is just beginning, though, for the 16 athletes picked for the powerful American team.

AP Olympics: https://apnews.com/hub/milan-cortina-2026-winter-olympics

Amber Glenn competes during the women's free skating competition at the U.S. Figure Skating Championships, Friday, Jan. 9, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Amber Glenn competes during the women's free skating competition at the U.S. Figure Skating Championships, Friday, Jan. 9, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Alysa Liu skates during the "Making Team USA" performance at the U.S. Figure Skating Championships, Sunday, Jan. 11, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Alysa Liu skates during the "Making Team USA" performance at the U.S. Figure Skating Championships, Sunday, Jan. 11, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Maxim Naumov skates during the "Making Team USA" performance at the U.S. Figure Skating Championships, Sunday, Jan. 11, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Maxim Naumov skates during the "Making Team USA" performance at the U.S. Figure Skating Championships, Sunday, Jan. 11, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Madison Chock and Evan Bates skate during the "Making the Team" performance at the U.S. Figure Skating Championships, Sunday, Jan. 11, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Madison Chock and Evan Bates skate during the "Making the Team" performance at the U.S. Figure Skating Championships, Sunday, Jan. 11, 2026, in St. Louis. (AP Photo/Stephanie Scarbrough)

Gold medalist Ilia Malinin arrives for the metal ceremony after the men's free skate competition at the U.S. Figure Skating Championships, Saturday, Jan. 10, 2026, in St. Louis. (AP Photo/Jeff Roberson)

Gold medalist Ilia Malinin arrives for the metal ceremony after the men's free skate competition at the U.S. Figure Skating Championships, Saturday, Jan. 10, 2026, in St. Louis. (AP Photo/Jeff Roberson)

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