The issue of vaping is set to be deliberated by the Supreme Court next week, with federal regulators seeking the court's support in maintaining the ban on sweet, flavored e-cigarette products. This move comes in response to a significant increase in youth e-cigarette usage.
The Food and Drug Administration (FDA) has rejected over a million marketing applications for candy- or fruit-flavored vaping products that are particularly appealing to young individuals. This action is part of a broader crackdown that has been credited with reducing teen vaping rates following a surge to epidemic levels in 2019.
However, vaping companies argue that the FDA unjustly dismissed their claims that sweet e-liquid products could assist adults in quitting traditional cigarettes without posing a greater risk to minors. The previous administration, under Republican Donald Trump, had indicated a potential shift in approach, with Trump expressing intentions to support the vaping industry.
The Supreme Court is scheduled to hear arguments on Monday regarding the FDA's appeal of a ruling by the conservative 5th U.S. Circuit Court of Appeals. While several courts have upheld the FDA's decisions, the appeals court favored the Dallas-based company Triton Distribution, overturning a ruling that had blocked the marketing of nicotine-infused liquids like 'Jimmy The Juice Man in Peachy Strawberry.'
Triton argued that the FDA altered its requirements without sufficient notice, placing applicants at a disadvantage. Despite the FDA's delayed regulation of the vaping market, flavored vape products that are technically prohibited continue to be widely accessible. The agency has sanctioned some tobacco-flavored vapes and recently permitted its first menthol-flavored e-cigarettes for adult smokers.
The combination of marketing rejections and enforcement of age restrictions at federal and state levels has contributed to a decline in youth nicotine consumption to its lowest point in a decade. Advocates emphasize the importance of maintaining restrictions on flavored vape products, which are favored by the majority of the 1.6 million high school students who still vape, to safeguard public health.
