companies

Twice, the attorney for the vaping companies pointed to an impeding change at the FDA with the election of President-elect Trump.

This is exactly the kind of regulatory question that companies hope to get before the conservative Supreme Court, but it was not clear they will win this time.

“You disagree with the statute giving this authority to FDA,” he told an attorney for two companies whose products were denied approval.

Eric Heyer, an attorney for two vaping companies, argued the FDA had switched directions and surprised his clients by demanding new studies to prove their products would persuade more adult smokers to switch to e-cigarettes.

Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett said they were not convinced the FDA had misled the companies.