SCOTUS Will Decide Whether the FDA’s ‘Regulatory Switcheroos’ on Vaping Were ‘Arbitrary and Capricious’

Last January, the U.S. Court of Appeals for the 5th Circuit held that the Food and Drug Administration (FDA) had acted “arbitrarily and capriciously,” in violation of the Administrative Procedure Act, when it refused to allow the marketing of flavored nicotine e-liquids made by two companies. On Tuesday, the U.S. Supreme Court agreed to review […]