⚖ Oral Arguments, with Context

The Fourth Circuit reviews the FDA's 2021 refusal to let E-Liquid Brands market some fruit- and dessert-flavored nicotine liquids. The company's refill liquids include flavors with names like Bear Claw. Federal tobacco law makes the agency weigh a new product's possible benefit for adult smokers against risks to nonusers, including young people. FDA says E-Liquid did not show that its flavors help adults more than tobacco-flavored alternatives. The company says that comparison test was not in the statute and came from a 2021 internal memo applied to many applicants. It argues that a broadly binding rule required notice and comment: publication of a proposal and a chance for the public to respond. FDA says it withdrew the memo and decided each application individually under the tobacco law. The Supreme Court left this notice-and-comment question open, and a later Fifth Circuit ruling sided with manufacturers; this Fourth Circuit panel must decide whether these denial orders stand.

E-Liquid Brands, LLC v. Food and Drug Administration (No. 21-2255) — U.S. Court of Appeals for the Fourth Circuit, argued September 16, 2026.