The US Supreme Court announced on Tuesday that it will consider whether the US Food and Drug Administration has the right to prohibit flavored e-cigarettes in a case that will challenge the agency’s jurisdiction to accept or reject new vaping goods for vape.
Flavored vapes have been rejected by the FDA in recent years, citing health risks associated with their promotion of e-cigarette use among minors. However, they are still easily accessible in the United States.
Vaping companies, on the other hand, contend that the EPA made a mistake and that their products can assist consumers in quitting traditional cigarettes.
According to NBC News, e-cigarette manufacturers have sued the FDA in states all around the US, contesting its rulings.
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Even though the FDA has prevailed in the majority of those cases, it filed an appeal with the Supreme Court following a decision in January by the 5th U.S. Circuit Court of Appeals that supported two vape firms attempting to get their products licensed.
According to NBC News, the appeals court found that the FDA had violated the Administrative Procedure Act, a federal statute, by failing to appropriately evaluate the companies’ submissions.
Yolonda Richardson, president and CEO of Campaign for Tobacco-Free Kids, said in a statement that “the Supreme Court should overturn the Fifth Circuit decision because it is misguided and, if left to stand, would cause significant harm to public health and especially to the health of our kids.” “This decision is also in direct conflict with the decisions of seven other federal courts of appeals that have upheld FDA marketing denial orders for flavored e-cigarettes.”
The Supreme Court has decided to hear the case that was brought by Vapestasia, which has requested permission to produce flavors like “Iced Pineapple Express” and “Killer Kustard Bluebery,” and Triton Distribution, which produces e-liquids for vape pens in flavors like “Signature Series Mom’s Pistachio” and “Suicide Bunny Mother’s Milk and Cookies,” according to NBC News.
Teenage use of other items containing nicotine has increased, despite the legal disputes surrounding flavored vaping goods.
“Youth e-cigarette use remains a serious public health problem in the United States,” Richardson stated. “According to the 2023 National Youth Tobacco Survey, 2.1 million kids use e-cigarettes and nearly 90% of them use flavored products, with the most-reported flavors including fruit, candy, desserts, and other sweets, mint and menthol.”
In spite of this, the FDA just lifted its restriction on Juul’s vape devices and authorized menthol-flavored e-cigarettes for the first time.
“The FDA’s decision today to authorize the sale of four menthol-flavored e-cigarettes made by NJOY — the first time the agency has authorized the sale of any flavored e-cigarettes — is deeply troubling given the extensive scientific evidence that menthol is a flavor that appeals to kids and the FDA’s repeated conclusions that flavored e-cigarettes, including menthol-flavored products, have driven youth e-cigarette use,” Richardson said in a statement following the agency’s approval of menthol vaping goods.
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