EXPLAINER: US vape ruling confirms health risks of e-cigarettes

By upholding the FDA ban, the US Supreme Court legally validates mounting scientific evidence against vaping's health dangers

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Last week, the US Supreme Court court upheld the Food and Drug Administration’s (FDA) rejection of applications from two manufacturers of flavored e-cigarette liquids. This decision backed the FDA’s directive banning retailers from marketing flavored tobacco products, underscoring escalating worries about the health dangers posed by e-cigarettes. 

The court’s ruling 

Earlier the vaping companies Triton Distribution and Vapetasia applied to the FDA for permission to market flavored e-cigarette liquids, citing risks to youth. The companies appealed against the rejection to the US Court of Appeals for the Fifth Circuit in 2021.

But this court soon ruled that the FDA had acted “arbitrarily and capriciously,” violating the Administrative Procedure Act. “Over several years, the Food and Drug Administration sent manufacturers of flavored e-cigarette products on a wild goose chase,” the Fifth Circuit Judge Andrew S. Oldham wrote in the verdict.

The FDA then appealed to the U.S. Supreme Court. On April 2, 2025, the court, in a unanimous decision written by Justice Samuel A. Alito Jr., overturned the Fifth Circuit’s ruling.

Are e-cigarettes harmful?

Typically, e-cigarettes heat a liquid containing nicotine, flavorings, and other chemicals to create an inhalable aerosol. There is a chance for possible harm reduction models among smokers who want to switch from traditional cigarettes because e-cigarette vapor is generally safer. Studies have suggested that the vapor in e-cigarettes has a lower level of toxic substances compared to combustible cigarettes. Nonetheless, an increasing amount of data indicates that e-cigarettes are linked to lung damage, cardiovascular problems, and addiction. 

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For instance, a 2020 report published in the New England Journal of Medicine documented severe lung injuries in EVALI patients. EVALI is a serious lung condition associated with vaping. A 2019 study on systemic biomarkers in electronic cigarette users found increased inflammatory markers in users, indicating potential lung toxicity.

Besides, research by the American Heart Association shows that aerosols from e-cigarettes can raise blood pressure and heart rate, increasing the risk of cardiovascular disease.

 

Also read: FACT CHECK: Trump claims vaping helps to quit smoking – First Check

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