WASHINGTON – The Supreme Court agreed Tuesday to look at whether the Food and Drug Administration acted unlawfully when it refused to approve flavored electronic cigarettes commonly utilized by teenagers.
The case puts the FDA's role in approving recent nicotine products under scrutiny at a time when the number of recent products is increasing rapidly.
Electronic cigarette manufacturers across the country have filed lawsuits difficult the FDA's decisions.
The FDA won most of those cases, but appealed to the Supreme Court after the U.S. fifth Circuit Court of Appeals ruled in January in favor of two e-cigarette firms searching for approval for his or her products. The appeals court concluded that the FDA had improperly evaluated the businesses' applications, violating a federal law called the Administrative Procedure Act.
The lawsuit was brought by Triton Distribution, a manufacturer of e-liquids for vape pens within the flavors “Signature Series Mom's Pistachio” and “Suicide Bunny Mother's Milk and Cookies”, in addition to by Vapestasia, which has applied for approval of flavors similar to “Iced Pineapple Express” and “Killer Kustard Bluebery”.
Three other appeals by e-cigarette firms that lost in lower courts are also pending before the Supreme Court.
The FDA has repeatedly refused to approve flavored e-cigarettes, saying they pose a health risk by encouraging young people to make use of tobacco, despite the fact that they continue to be widely available. The firms say the FDA erred in arguing that their products could help people quit smoking.
The FDA concluded that the potential advantages of helping adult smokers quit smoking don’t outweigh the potential health risks to young people.
Meanwhile, the consumption of other nicotine-containing products amongst young people has increased.
The FDA recently approved Menthol-flavored e-cigarettes for the primary time. Other e-cigarette products have also been approved.
In the wake of the talk over the potential health risks of vaping, the FDA this month also lifted its ban to sell Juul vape products.
The justices will hear oral arguments and judge the case through the Supreme Court's next term, which begins in October and ends in June 2025.
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