The Supreme Court on Wednesday largely upheld the Food and Drug Administration’s denials of two companies’ applications to sell flavored liquids for use in e-cigarettes. In a unanimous ruling, the justices threw out a ruling by the conservative U.S. Court of Appeals for the 5th Circuit holding that the FDA had improperly pulled a “regulatory switcheroo” when it gave the companies instructions that they followed but then ignored those instructions and denied authorization while imposing new requirements. In a 46-page ruling by Justice Samuel Alito, the court sent the case back to the court of appeals so that it could take another look at one aspect of the dispute – specifically, whether it made a difference that the FDA had changed its position and failed to consider marketing plans that the companies had submitted as part of their applications.