Supreme Court didn’t seem convinced FDA was unfair in blocking flavored vapes amid rise in teen use
FILE-A person uses a vape pen near Bryant Park on December 02, 2024 in New York City. (Photo by Michael M. Santiago/Getty Images)
A majority of Supreme Court justices did not seem convinced that federal regulators misinformed organizations before refusing to allow them to sell sweet-flavored vaping items after an increase in teen e-cigarette use.
The justices asked questions about the Food and Drug Administration crackdown that included rejections on sales of over a million nicotine products created to taste like fruit, dessert, or candy.
Justice Neil Gorsuch wondered whether the FDA process offered the companies a fair chance to make their claims, given that their businesses were at stake.
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The Associated Press noted that Conservative Justice Brett Kavanaugh was concerned about what options vaping companies have if agencies issue misleading information and contends that the FDA wasn't required to issue the advice it gave in the vaping case.
According to the AP, teenage vaping use has dipped to its lowest level in 10 years, but the FDA might change its stance after the January inauguration of President-elect Donald Trump, who has pledged to "save" vaping.
Vaping companies have promoted products to help adults stop using traditional cigarettes and argue that the FDA changed its standard with little warning as it blocked the sale of more than a million new flavored products.
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The vaping issue came before the Supreme Court when the FDA appealed a decision from the conservative 5th Circuit Court of Appeals tossing out one of its denials.
According to the AP, other lower courts rejected vaping company lawsuits, the 5th Circuit sided with Dallas-based company Triton Distribution.
The decision permitted the sale of e-juices like "Jimmy The Juice Man in Peachy Strawberry" and "Suicide Bunny Mother's Milk and Cookies" which are heated by an e-cigarette.
The Supreme Court will decide on the case in a few months.