Democrats Urge Supreme Court to Back FDA’s Authority to Regulate E-Cigarettes

Democratic lawmakers asked the Supreme Court on Sept. 4 to overturn a lower court ruling that blocks the Food and Drug Administration (FDA) from rejecting certain types of e-cigarettes, warning the ruling threatens to undermine public health.

In an amicus brief filed with the nation’s highest court, the group of 16 lawmakers asked that the decision by the Fifth U.S. Circuit Court of Appeals be reversed and marketing denial orders issued to the companies be reinstated.

The lawmakers, led by Rep. Frank Pallone Jr. (D-N.J.), ranking member of the House Energy and Commerce Committee; Senate Majority Whip Dick Durbin (D-Ill.), chair of the Senate Judiciary Committee; and Sen. Jeff Merkley (D-Ore.), argued that the lower court’s decision poses serious health risks, particularly to children, and that the FDA reached a “carefully reasoned conclusion” in not allowing the products on the market.

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