The Schwartz E-Liquid, d/b/a USA Vape Lab v. FDA — D.C. Cir. (Oct 15, 2026)

No. 26-1063 Argued October 15, 2026 Published October 23, 2026

The D.C. Circuit hears USA Vape Lab versus the Food and Drug Administration. USA Vape Lab makes e-liquids used in vaping. It submitted premarket tobacco-product applications in 2020, and later petitioned this court to review an agency decision. Under the Tobacco Control Act, the applicant must show that marketing its products would be appropriate for protecting public health. That assessment covers the population as a whole, including existing tobacco users and people who do not use tobacco. For context, notice-and-comment rulemaking invites public input on a proposed rule before it is adopted; adjudication resolves individual applications or disputes. Not every agency interpretation must go through notice and comment.

The Schwartz E-Liquid, d/b/a USA Vape Lab v. FDA (No. 26-1063) — U.S. Court of Appeals for the D.C. Circuit, argued October 15, 2026.

Sources

Argument audio — official D.C. Circuit recording:https://media.cadc.uscourts.gov/recordings/docs/2026/10/26-1063.mp3

Case and argument date — official court archive:https://media.cadc.uscourts.gov/recordings/bydate/2026/10

Application background — USA Vape Lab October 2020 primary release; filing for review, not marketing authorization:https://www.prnewswire.com/news-releases/usa-vape-lab-receives-fda-premarket-tobacco-product-application-pmta-filing-letter-301154156.html

Agency-review petition and case procedure — appellate court docket:https://dockets.justia.com/docket/circuit-courts/cadc/26-1063

Public-health standard — 21 U.S.C. § 387j(c)(2) and (4):https://www.law.cornell.edu/uscode/text/21/387j

Rulemaking and adjudication definitions — 5 U.S.C. § 551:https://www.law.cornell.edu/uscode/text/5/551

Notice, public comment and exceptions — 5 U.S.C. § 553:https://www.law.cornell.edu/uscode/text/5/553

Statutory context and limits of the prior decision — FDA v. Wages and White Lion Investments, Supreme Court majority parts I-A and II:https://supreme.justia.com/cases/federal/us/604/23-1038/

0:00Introduction