The Supreme Court agreed to hear the FDA case because it involves a test of the FDA's role in approving new nicotine products, specifically flavored e-cigarettes often used by teens. The case was brought by two vape companies seeking approval for their products, and the 5th U.S. Circuit Court of Appeals ruled in their favor, stating that the FDA had failed to correctly assess the companies' requests.
The appeals court ruled that the FDA violated the Administrative Procedure Act by failing to correctly assess the e-cigarette companies' requests for product approval.
The Supreme Court case involves two companies: Triton Distribution, which makes e-liquids for vape pens in flavors such as "Signature Series Mom's Pistachio" and "Suicide Bunny Mother's Milk and Cookies," and Vapestasia, which has sought approval for flavors including "Iced Pineapple Express" and "Killer Kustard Bluebery."