9th Circuit Upholds FDA Ban Of E-Liquid Maker’s Flavored Products - Mealey's
The 9th Circuit upheld the FDA's ban on an e-liquid maker's flavored products, reinforcing FDA authority to deny PMTAs for flavored ENDS.
Aforeworn detected this change in the Vape & Tobacco Retail Compliance space on August 26, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. E-liquid manufacturers, vape shops, tobacco retailers, distributors/wholesalers of flavored e-liquids. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediate, as the court decision is final.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Vape & Tobacco Retail Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The court upheld the FDA's marketing denial order for flavored products, meaning those products cannot be legally marketed without FDA authorization.
Who it affects
E-liquid manufacturers, vape shops, tobacco retailers, distributors/wholesalers of flavored e-liquids.
What you must do
Review your product portfolio to ensure all flavored e-liquids have FDA marketing authorization; if not, remove them from sale.
Deadline
Immediate, as the court decision is final.
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