WASHINGTON —The Supreme Court agreed Tuesday to consider whether the Food and Drug Administration acted illegally in refusing to approve flavored e-cigarettes that are often used by teenagers.
The case marks a test of the FDA’s role in approving new nicotine products at a time when new products are proliferating.
E-cigarette manufacturers have filed lawsuits across the country challenging the FDA’s decisions.
The FDA won most of them, but appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals ruled in January in favor of two vape companies seeking approval of their products. The appeals court found that the FDA failed to properly evaluate the companies’ requests, violating a federal law called the Administrative Procedure Act.
The case was brought by Triton Distribution, which makes e-liquids for vape pens in flavors such as “Signature Series Mom’s Pistachio” and “Suicide Bunny Mother’s Milk and Cookies”, and by Vapestasia, which sought approval for flavors such as “Iced Pineapple Express”. and “Kustard Bluebery Killer”.
Three other appeals by steam companies that lost in lower courts are also pending in the high court.
The FDA has consistently refused to approve flavored vapes, saying they could pose a health risk because they could encourage young people to use tobacco, even though they remain widely available. The companies say the FDA got it wrong, arguing that their products can 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.
Meanwhile, there has been an increase in the number of teenagers using other products that contain nicotine.
The FDA recently approved menthol-flavored e-cigarettes for the first time. It has also approved other electronic cigarette products.
Amid debate over the potential health dangers of vaping, the FDA this month also rescinded a ban on Juul selling its vaping products.
This story originally appeared on NBCNews.com read the full story
