Supreme Court rules in favor of FDA in flavored vapes dispute

The U.S.Supreme Court threw out on Wednesday a judicial decision that found the U.S.

Food and Drug Administration acted unlawfully in refusing to let two e-cigarette companies sell flavored vape products that regulators consider a health risk to youths.The justices in a unanimous ruling threw out a lower court’s ruling that the FDA had failed to follow proper legal procedures under a federal law called the Administrative Procedure Act when it rejected the applications by the companies, Triton Distribution and Vapetasia, to sell these nicotine-containing products.An FDA rule that took effect in 2016 under Democratic President Barack Obama deemed e-cigarettes to be tobacco products that, like traditional cigarettes, are subject to agency review under a 2009 federal law called the Tobacco Control Act.The law requires manufacturers of e-cigarette products to apply for authorization to sell nicotine vaping devices and e-liquids.Triton Distribution and Vapetasia filed FDA applications in 2020 for products with flavors such as sour grape, pink lemonade and crème brulee, and names including “Jimmy The Juice Man Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies” – offerings that critics have said were designed to appeal to minors.

The FDA denied the Triton and Vapetasia applications as well as hundreds of others by various companies involving more than a million flavored vape products.During arguments in the case, a Justice Department lawyer arguing for the FDA said the companies knew throughout the application process that the agency was concerned about the fact that flavors are attractive to youth and about the addictive nature of nicotine, a chemical dangerous to developing brains.In order to win regulatory approval, e-cigarette companies must demonstrate that a product would be “appropriate for the protection of the public health.” That means that any health benefits – such as helping traditional cigarette smokers transition to gene...