On April 21, 2025, the U.S. Supreme Court sent a legal challenge back to Fifth Circuit Court of Appeals to evaluate whether the U.S. Food and Drug Administration (FDA) lawfully denied marketing applications for flavored e-cigarettes. The case that was sent back to the Fifth Circuit is FDA v. SWT Global Supply Inc. This order comes after the Supreme Court ruled in favor of the FDA that the agency did not arbitrarily deny pre-market tobacco applications for e-vapor products sold by Triton Distribution and Wages and White Lion Investments.

In the Triton Distribution decision, the Supreme Court justices reinstated the FDA’s denial of applications to sell flavored e-cigarettes and reversed a ruling from the Fifth Circuit that determined the agency had changed the rules for issuing marketing authorization orders to sell e-vapor products.

In addition, the Supreme Court also declined to accept for review three vaping-related cases, including Magellan Technology Inc. v. FDA, Lotus Vaping Technologies Inc. v FDA, and Logic Technology Development LLC v. FDA. In each of these cases, the FDA had issued marketing denial orders preventing the sale of the e-vapor products which were the subject of the lawsuits.