In a landmark decision on April 2, 2025, the U.S. Supreme Court unanimously upheld the Food and Drug Administration’s (FDA) refusal to authorize the marketing of fruit- and dessert-flavored e-cigarette liquids, reinforcing the federal agency’s authority under the Family Smoking Prevention and Tobacco Control Act. This ruling marks a turning point in national efforts to curb youth vaping and nicotine addiction.

The FDA has sanctioned only 34 e-cigarette products—limited to tobacco and menthol flavors—through a rigorous review process. Flavored varieties beyond those categories are viewed as posing a “known and substantial” risk to minors. According to the National Youth Tobacco Survey, nearly 90 percent of middle- and high-school student vapers prefer sweet-flavored varieties. The agency argues that flavors such as “Peachy Strawberry” or “Mother’s Milk and Cookies” disproportionately entice adolescents, fueling a youth nicotine epidemic.

Justice Samuel Alito, writing for the Court, emphasized that the FDA’s decision-making process has remained consistent with established guidance and legal standards. He highlighted the overwhelming variety of marketed flavored liquids—numbering in the thousands—as evidence of their widespread appeal and influence on youth behavior.

Public-health experts argue the risks extend beyond addiction. Flavored e-liquids often contain chemicals with unknown long-term health effects when inhaled. A notable study identified neotame—an excessively sweet artificial sweetener not approved for inhalation—in most flavored e-cigarettes, raising questions about respiratory safety. Additionally, standard flavoring compounds like vanillin and benzaldehyde have demonstrated respiratory irritant effects in laboratory settings.

The decision has immediate implications for manufacturers and retailers. Companies that develop or market flavored liquids must now redirect resources to support menthol or tobacco variants, or they must cease operations in this category entirely. Marketing denial orders (MDOs) for millions of flavored products are now effectively legally enforced. Some smaller vape brands are reportedly exploring offshore production or pivoting business models to circumvent domestic regulatory barriers.

For consumers—particularly adult smokers who used flavored vapes as a cessation aid—the ruling may feel like a regression. While the FDA has previously approved menthol- and tobacco-flavored e-cigarettes for adults with documented cessation benefits, the court reaffirmed that no flavored alternatives have met the threshold to demonstrate a net health benefit. Critics of the decision argue the move could push some adult vapers back toward combustible cigarettes or drive them online for unregulated products.

Retailers are also facing new enforcement measures. The FDA has intensified crackdowns, issuing hundreds of warning letters and initiating seizures to crack down on unauthorized products. With the Supreme Court’s backing, the FDA now has a stronger legal foundation to shut down vendors that continue to sell flavored liquids illegally.

In conclusion, the ruling represents a significant escalation in federal efforts to protect youth from nicotine addiction. It reinforces the FDA’s regulatory power, accelerates shifts within the e-cigarette industry, and extends both opportunity and risk for consumers. As the black-market thrives with unapproved, flavored alternatives, the agency faces mounting pressure to expand enforcement resources and provide clearer paths for companies to develop safer products that focus strictly on public health benefits.