9th Circuit Upholds FDA Ban For Flavored And ‘Zero-Nicotine’ Vapes

( August 17, 2026, 9:24 AM EDT) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel denied a vape company’s petition for review of the Food and Drug Administration’s marketing denial order (MDO) prohibiting sales of its fruit- and candy-flavored vapes (also known as electronic nicotine delivery systems, or ENDS), rejecting its arguments that no evidence showed that youth used its product and that the FDA improperly banned its “zero nicotine” products....