WASHINGTON – O Supreme Court took on an e-cigarette case Tuesday, weighing in on Food and Drug Administration decisions that block the marketing of sweet-tasting products amid a rise in youth vaping.
The FDA is appealing a lower court ruling, siding with vaping companies who argue the FDA unfairly denied more than a million applications to market fruit- or candy-flavored versions of a nicotine-laced liquid that is heated by the e-cigarette. to create an inhalable aerosol.
The case comes as the FDA conducts a sweeping review after years of regulatory delays aimed at bringing scientific scrutiny to the multibillion-dollar vaping market, which includes thousands of flavored vaporizers that are technically illegal but are widely available in retail stores. convenience, gas stations and vaporizers. stores. The FDA recently approved its first menthol-flavored product electronic cigarettes for adult smokers.
The agency says sweet-flavored e-liquids pose a “serious and well-documented risk” of enticing more young people to pick up a nicotine habit. In 2020, nearly 20% of middle school students and nearly 5% of middle school students used e-cigarettes, and nearly all of those children used flavored products, the agency said in court documents.
The agency says the companies were blocked because they failed to demonstrate that the potential benefits to adult smokers outweighed the risk of underage use. Companies say they have prepared detailed plans to avoid attracting young people.
The companies scored a victory when the 5th U.S. Circuit Court of Appeals sided with vaping company Triton Distribution and issued orders denying the marketing of e-liquids with names like “Jimmy The Juice Man in Peachy Strawberry.”
The 5th Circuit found the agency unfair because it required companies, without notice, to present studies showing that flavored products would help with smoking cessation.
The justices expect to hear the case in the fall.
Other appeals courts have sided with the FDA, which regulates new tobacco products under a 2009 law that aims to reduce youth tobacco use.
Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, appealed to the high court to overturn the appeals court’s order, calling it misguided and saying it would “cause significant harm to public health and especially the health of our children.” ”, if standing is allowed.
Youth vaping has declined from historic highs in recent years, but 2.8 million middle and high school students still use it, according to federal survey data.
Vaping companies have long claimed their products can help reduce the number of smokerswhich is responsible for 480,000 deaths annually in the US due to cancer, lung and heart disease.
The company, Trinton, is eager for the Supreme Court to hear the case, said attorney Eric Heyer. He said the FDA imposed “surprise study requirements, after the fact…” and did not follow its own guidance.
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