The Supreme Court on Wednesday upheld the Food and Drug Administration’s authority to outlaw flavored vapes.
Justice Samuel A. Alito Jr., in the unanimous decision for the court, said the FDA acted reasonably based on data it reviewed about increasing youth interest for the flavored products.
“The kaleidoscope of flavor options adds to the allure of e-cigarettes and has thus contributed to the booming demand for such products among young Americans,” Justice Alito wrote. “We see no reason why the FDA could not extrapolate from that data and conclude that young people would be drawn to flavored products for open-system e-cigarettes.”
In the dispute, the justices considered whether the FDA ran afoul of rule-making procedures in rejecting the flavored vaping products in Food and Drug Administration v. Wages and White Lion Investments LLC, dba Triton Distribution, et al.
The legal battle involved a decision from the 5th U.S. Circuit Court of Appeals against the FDA over its rule-making moves in denying the marketing orders for flavored e-cigarettes or vapes by Triton Distribution, which also has products sold by Vapetasia.
The federal government argued that Congress authorized the executive branch to protect those younger than 18 from tobacco through the Family Smoking Prevention and Tobacco Control Act.
Under the 2009 law, anyone who wants to introduce a tobacco product into the market must receive authorization from the FDA. The agency can reject authorization if it finds no evidence that the product would support public health.
According to the FDA, it rejected marketing orders by 320 applicants involving 1.2 million products.
Triton, meanwhile, wanted to market e-cigarettes with flavors such as Signature Series Mom’s Pistachio, Jimmy the Juice Man Peachy Strawberry and Suicide Bunny Mother’s Milk and Cookies. The companies have said flavored products help adults quit using traditional cigarettes.
The FDA denied the move, reasoning that the harms to young people outweigh any benefits to smokers seeking methods for ending their habit.
The Campaign for Tobacco-Free Kids, an advocacy group, cheered the Supreme Court ruling and said it “should encourage [the FDA] to stay the course.”
“Today’s ruling is a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis,” the advocacy group said in a statement.
The FDA has regulated vaping products since 2016.
The agency has not instituted changes to its polices on vaping. But on Tuesday, the FDA’s top tobacco regulator, Brian King, was removed from his post amid sweeping cuts to the federal health workforce that have cleared out many of the nation’s leading health experts. Mr. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes.
• This article is based in part on wire service reports.
