The U.S. Supreme Court is set to hear arguments Monday, Dec. 2, on whether to reinstate a federal ban on sweet-flavored vaping products. The Food and Drug Administration (FDA) wants to regulate the products as another step in its effort to fight teen nicotine addiction.
Over the past few years, the FDA has denied more than a million applications to market candy- and fruit-flavored e-liquids after the agency said teen e-cigarette use saw an “epidemic level” surge in 2019.
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While advocates say the FDA’s crackdown does appear to have played a big role in reducing youth nicotine use to its lowest level in a decade, concerns still remain over the availability of flavored products.
According to the Campaign for Tobacco-Free Kids, sweet-flavored products remain the most popular among the nearly 2 million American high schoolers who vape. That fact has the nonprofit concerned over what would happen if the Supreme Court rules against the FDA.
The case stems from a Dallas-based vaping company that said the FDA unfairly changed its approval requirements without warning, effectively setting its applications up for rejection. The 5th Circuit Court of Appeals agreed, overturning the FDA’s decision and allowing the company to continue selling its products.
Earlier this week, the Supreme Court declined to hear a challenge to federal rules requiring graphic warning labels on cigarette packaging and advertisements. The FDA issued the mandate in March 2020, but its implementation has been delayed due to ongoing legal challenges.
