Jonathan Adler (Case Western Law) and Ari Cohn (FIRE) discuss the FDA’s war on vaping and the Supreme Court case FDA v. Wages and White Lion Investments.

Topics include:

• The (comparative) health case for vaping
• Yet another moral panic
• Kids take risks!
• The bungling FDA
• A disappointing oral argument
• Fine points of administrative law
• Will the Trump admin switch course?

Links:

En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"

Baptists, Bootleggers & Electronic Cigarettes

Uneducating Americans on Vaping

The Food & Drug Administration Has a Vaping Problem

More Evidence that Bans on Flavored Vaping Products May Increase Teen Smoking

Speech Regulation and Tobacco Harm Reduction