The Battle over Flavor: FDA Wins This Round! By Esther Petrikovsky & Andrew J. Hull —

The Battle over Flavor: FDA Wins This Round! By Esther Petrikovsky & Andrew J. Hull — On June 24, 2026, the Fifth Circuit denied a petition brought by VDX Distro (VDX), an e-cigarette company, asking the court to review FDA’s decision to reject marketing authorization for its e-cigarette products. See VDX Distro, Inc. v. FDA, No. 24-60537 (5th Cir. 2026). By way of background, e-cigarettes, considered a healthier alternative to combustible cigarettes, have been very popular among the younger generations, including children as young as middle schoolers. This phenomenon has been largely attributed to the various child-friendly flavors in which they have been made available. A 2024 survey found that a whopping 87.6% of middle and high schoolers who vape opted for a non-tobacco-flavored products, with “fruit” leading the polls and “candy” a not-so-close second. https://www.thefdalawblog.com/2026/06/the-battle-over-flavor-fda-wins-this-round/?utm_source=rss&utm_medium=rss&utm_campaign=the-battle-over-flavor-fda-wins-this-round