The US Supreme Court heard arguments yesterday in a case challenging the Food and Drug Administration's block on flavored e-cigarette products. The FDA has rejected over a million marketing applications for sweet-flavored vapes, citing youth addiction concerns. The case stems from a challenge by Triton, a company selling products like "Rainbow Road” and “Crème Brulee.”
Vaping companies argue the products help adults quit smoking and claim the FDA changed the requirements without notice after the applications were submitted. The FDA contends flavored e-cigarettes pose substantial health risks to children, outweighing potential benefits for adult smokers. The agency said its denial of applications followed procedures outlined in the Administrative Procedure Act, which governs federal agency rulemaking processes.
The case comes as youth vaping usage levels are at their lowest in a decade. Currently, roughly 6% of middle and high school students use e-cigarettes, with nearly 90% of them consuming flavored brands. Those numbers are down from epidemic levels in 2019. The FDA has authorized the marketing of 34 e-cigarette products, all in tobacco and menthol flavors.
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