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The US Supreme Court overturned the Chevron deference, a 1984 landmark Supreme Court ruling which granted federal agencies broad authority to interpret laws and determine the most appropriate methods for their application, and courts and businesses had to accept agencies' interpretations. Overturning the Chevron deference greatly reduces the powers of agencies such as the Food and Drug Administration (FDA).
Pro-business groups have opposed the Chevron doctrine for various reasons. They argue that it made it difficult to win cases against executive agencies and contend that unelected agency officials shouldn't be allowed to craft policies.
Now, chief justice John Roberts, who wrote the majority decision in the new ruling, emphasizes that unelected federal judges must exercise their independent judgment in determining whether agencies have acted within their statutory authority.
The new decision to overturn Chevron opens the door to numerous challenges against FDA's Center for Tobacco Products (CTP) and its regulations established since the passage of the Family Smoking Prevention and Tobacco Control Act in 2009. Without Chevron deference, there will be significant questions about whether the agency exceeded Congressional intent with various regulations. This is likely to complicate future rules FDA has proposed, such as bans on menthol cigarettes and flavored cigars, nicotine limits, and requirements for tobacco manufacturing facilities. For CTP, the regulation of e-cigarettes and vaping products, which were nascent industries when the Tobacco Control Act was enacted, appears particularly vulnerable.