Vape Debate at the Supreme Court
A Regulatory Transparency Project Fourth Branch Video
A Regulatory Transparency Project Fourth Branch Video
In 2021, the FDA denied Todd Wages’ application to sell flavored e-liquids for vapes, claiming that his company had failed to substantiate the public health benefits of its products. The ensuing legal battle wound its way to the Supreme Court, which ruled against Wages in FDA v. Wages and White Lion, effectively ending his company’s access to the market.
In this new short documentary, the Regulatory Transparency Project illuminates the legal arguments behind the debate over flavored vapes: To what extent should a free society regulate flavored vapes in light of consumer preferences, appeal to youth, and value to smokers seeking to quit? Did the FDA respond appropriately, move the goalposts, or act arbitrarily in denying market access to flavored e-liquids? Hear from Todd Wages, along with legal, scientific, and industry experts on both this case and the broader debate.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Professor and Chair, University of South Carolina Arnold School of Public Health
Anthony Alberg is an epidemiologist whose research has primarily focused on 1) cancer epidemiology and 2) the health effects of tobacco and tobacco control. Areas of interest in cancer epidemiology include lung cancer, ovarian cancer, and the excess risk of malignancies experienced by those with a personal history of keratinocyte carcinoma (non-melanoma skin cancer). His research on the health effects of tobacco has included the relationship of secondhand smoke exposure to the risk of cancers other than lung cancer; tobacco control research has included topics ranging from determinants of adolescent smoking to the epidemiology of smoking cessation pharmacotherapy use in populations.
Policy Advisor, Heartland Institute
Jeff Stier is a policy advisor to the Heartland Institute.
He is widely quoted in the media and has written health policy op-eds for The Wall Street Journal, the Los Angeles Times, USA Today, The New York Post, The Washington Examiner, and Foxnews.com. The New York Times, the Associated Press, Reuters, CNN, Fox News, CNBC, MSNBC, NPR and other major outlets have interviewed and quoted Stier on a wide range of topics.
Stier has testified at state and local legislatures throughout the U.S., at FDA scientific hearings and at the Office of Management and Budget. He has also been a voice for freedom at hearings at the United Nations and in Israel’s Knesset. During more than two decades of advancing public health and defending liberty, Stier has been a speaker at CPAC, policy retreats for elected officials and medical and legal conferences.
Stier advises leading investment firms on regulatory and legal risk.
Earlier, Mr. Stier crafted health and environmental policy in the Office of the Mayor during the Giuliani administration in New York City.
Mr. Stier serves on the boards of the non-profit Jewish International Connections and Park City Jewish Collective. While earning his law degree at the Benjamin N. Cardozo School of Law, Mr. Stier served two terms as Editor-In-Chief of the Cardozo Law Forum. Jeff and his canine, BB, served as a Certified Crisis Response Strike Team with NATIONAL Crisis Response Canines, supporting survivors and first-responders.
Margaret Schimke Distinguished Professor of Law, University of Idaho College of Law
Professor Seamon joined the University of Idaho in 2004, having previously taught at the University of South Carolina School of Law and Washington and Lee Law School. He currently teaches Administrative Law and Constitutional Law, and serves as Interim Associate Dean for Faculty Affairs. In the past, he has taught courses on civil procedure, criminal procedure, federal courts, and U.S. Supreme Court practice. He also served as the associate dean for administration and students from 2006–2009.
Before he became a law professor, Professor Seamon practiced law for ten years. In 1986, he clerked for Kenneth W. Starr on the U.S. Court of Appeals for the District of Columbia Circuit. From 1987–1990, he worked as an associate at the Washington, D.C. law firm Covington & Burling. From 1990–1996, he served in the U.S. Department of Justice as an assistant to the Solicitor General of the United States. While at the Justice Department, Professor Seamon presented oral argument before the U.S. Supreme Court in fifteen cases. He became a law professor in 1996.
Professor Seamon has written or co-authored four books, the most recent of which are: The Supreme Court Sourcebook (Wolters Kluwer 2013) (co-authored with A. Siegel, J. Thai, and K. Watts); Administrative Law: A Context and Practice Casebook (Carolina Academic Press 2013); and Administrative Law: Examples and Explanations (Wolters Kluwer 4th ed., 2012) (co-authored with W. Funk). Professor Seamon has also written many law review articles on constitutional law and other public law subjects.
Professor Seamon received his J.D. from Duke Law School and holds a B.A. and an M.A. from Johns Hopkins University. He graduated from law school as a member of Order of the Coif and from college as a member of Phi Beta Kappa. He is also an elected member of the American Law Institute.
Partner, Thompson Hine LLP
Eric is a partner in the Thompson Hine LLP's Business Litigation practice group and leads the firm’s extensive and multidisciplinary Tobacco Alternatives & Nicotine Products Industry practice. He started with Thompson Hine as a summer associate over 18 years ago and has spent all but two years of his career at the firm.
Eric is an accomplished trial and appellate litigator with extensive experience advising clients and litigating disputes related to actions by government agencies under the Administrative Procedure Act and state law equivalents. His litigation experience encompasses a broad range of matters, including constitutional challenges to state legislation and administrative actions, contract disputes, business torts, employment and non-compete matters, qui tam claims, unfair competition, unfair trade practices and consumer protection claims, insurance claims, and trademark, copyright, trade secret, and patent litigation. He has extensive experience trying claims in jury and bench trials in federal and state courts around the country, as well as in private arbitrations, and has briefed and argued appeals before the Second, Fourth, Fifth, Sixth, Seventh, Ninth, D.C., and Federal Circuits. Eric has conducted jury trials and arbitrations on fraud claims; breach of contract claims, including those arising out of breaches of noncompetition and confidentiality agreements; veil-piercing claims; claims regarding the fiduciary obligations of current and former employees and agents; warranty claims; and age and race discrimination claims.