A Major Victory for Businesses, Vapers and Public Health
October 06, 2026 by protectingtaxpayers.org
A Major Victory for Businesses, Vapers and Public Health
The Fifth Circuit ruled that the FDA unlawfully imposed a comparative efficacy standard on flavored vaping products without the notice-and-comment process required by the Administrative Procedure Act. The standard required manufacturers to demonstrate greater benefits for adult smokers than tobacco-flavored products, contributing to widespread marketing denials. The text argues that these barriers restrict potentially lower-risk alternatives for smokers and increase healthcare costs. It also distinguishes lack of FDA authorization from proof that a product is dangerous, noting that authorization does not establish safety. The ruling calls for lawful, transparent regulation that protects young people, allows businesses fair participation, and preserves adult access to potentially beneficial alternatives to cigarettes.
14.10% of the adult population are current smokers. There are approximately 39.8 million current smokers in United States 17.10% of men are current smokers but only 11.10% of women.
SOURCE: GSTHR
