The U.S. Supreme Court is set to review a pivotal vaping case on Monday. This, challenges the federal government’s decision to restrict sweet-flavored e-cigarettes (vapes) after a sharp rise in usage among young people and kids.
FDA’s Effort to Limit Sweet Vapes
At the center of this case is the Food and Drug Administration’s (FDA) denial of over one million applications from e-cigarette companies. For instance, seeks approval to sell candy- or fruit-flavored products.
These flavors, critics argue, attract younger users, contributing to the “epidemic” of youth vaping observed in 2019. Since then, stricter regulations have been introduced. And anti-tobacco groups say these measures have been successful in reducing youth vaping rates to their lowest levels in a decade.
Vape Industry Pushes Back
However, vaping companies argue that the FDA has unfairly targeted flavored products. They claim these e-liquids are not primarily appealing to children. But rather offer a safer alternative for adults trying to quit smoking traditional cigarettes.
The legal battle is gaining attention as it takes place just before the inauguration of President-elect Donald Trump. He expressed support for the vaping industry in the past, promising to “save” vaping in a September social media post.
Several lower courts have rejected lawsuits from vaping companies, but a victory at the 5th Circuit Court of Appeals, secured by Dallas-based Triton Distribution, overturned an FDA decision blocking sales of flavored nicotine liquids. The FDA has, however, approved tobacco-flavored vapes and recently allowed menthol-flavored products for adult smokers.
This legal showdown raises significant questions about the future of vaping regulation, with both health advocates and industry leaders closely watching the Supreme Court’s decision.
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