Birds fly outside the U.S. Supreme Court on June 24, 2024, as a judge issued an order on a pending appeal in Washington, U.S.A.
Nathan Howard | Reuters
WASHINGTON — The Supreme Court on Tuesday agreed to consider whether the Food and Drug Administration’s refusal to approve flavored e-cigarettes frequently used by teenagers is illegal.
The case marks a test of the FDA’s role in approving new nicotine products at a time when they are proliferating.
E-cigarette manufacturers have filed lawsuits across the country challenging the FDA’s decision.
The FDA won most of the lawsuits but appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals in January ruled in favor of two e-cigarette companies seeking approval of their products. The appeals court concluded that the FDA violated a federal law called the Administrative Procedure Act by failing to properly evaluate the companies’ requests.
The case was brought by Triton Distribution, which makes e-liquid flavors such as “Signature Series Mom’s Pistachio” and “Suicide Bunny Mother’s Milk and Cookies,” while Vapestasia has sought approval for flavors such as “Iced Pineapple Express.” Shida Blueberry”.
Three other appeals by e-cigarette companies that lost in lower courts are also pending at the high court.
The FDA has refused to approve flavored e-cigarettes, saying they may pose health risks because they may encourage young people to use tobacco, although they remain widely available. The companies say the FDA got it wrong and thought their products could be used to help people quit smoking.
The FDA concluded that the potential benefits of helping adult smokers quit do not outweigh the potential health risks to young people.
At the same time, the number of teens using other nicotine-containing products has increased.
FDA recently officially recognized Launching mint flavored e-cigarettes for the first time. It also approved other e-cigarette products.
Amid debate over the potential health hazards of e-cigarettes, the FDA this month also lifted the ban Juul sells its e-cigarette products.
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