Birds fly outside the U.S. Supreme Court on the day justices issue orders in pending appeals in Washington, U.S., June 24, 2024.
Nathan Howard | Reuters
WASHINGTON —The Supreme Court on Tuesday agreed to contemplate whether the Food and Drug Administration acted unlawfully in refusing to approve flavored e-cigarettes which might be often utilized by teens.
The case marks a test of the FDA’s role in approving recent nicotine products at a time when recent ones are proliferating.
E-cigarette makers have brought court cases across the country difficult the FDA’s decisions.
The FDA won most of them, but appealed to the Supreme Court after the fifth U.S. Circuit Court of Appeals in January ruled in favor of two vape corporations in search of to have their products approved. The appeals court concluded that the FDA had did not accurately assess the businesses’ requests in violation of a federal law called the Administrative Procedure Act.
That case was brought by Triton Distribution, which makes e-liquids for vape pens in such flavors as “Signature Series Mom’s Pistachio” and “Suicide Bunny Mother’s Milk and Cookies,” and Vapestasia, which has sought approval for flavors including “Iced Pineapple Express” and “Killer Kustard Bluebery.”
Three other appeals brought by vape corporations that lost in lower courts are also pending on the high court.
The FDA has consistently declined to approve flavored vapes, saying they might be a health risk because they might encourage young people to make use of tobacco, although they continue to be widely available. The businesses say the FDA got it unsuitable, arguing that their products could be used to assist people quit smoking.
The FDA has concluded that the potential advantages to helping adult smokers quit don’t outweigh the potential health risks to young people.
Meanwhile, there was a growth in teens using other products containing nicotine.
The FDA recently approved menthol-flavored e-cigarettes for the primary time. It has approved other e-cigarette products as well.
Amid the controversy on the potential health dangers of vaping, the FDA this month also rescinded its ban on Juul selling its vape products.
