SCOTUS upholds FDA's block against vape companies selling fruity products

The Supreme Court handed a win to the Food and Drug Administration Wednesday in a case involving vapes, e-cigarettes, and their products

In a unanimous vote, the court overturned a Louisiana appeals court ruling that had struck down the FDA's denials of marketing applications

Two vaping companies argued that the FDA changed the rules they must follow while submitting marketing request

Justice Samuel Alito wrote the FDA base its actions on scientific evidence, focusing on whether the process

would appeal to younger individuals, saying one of the FDA's longstanding responsibilities

dating back nearly a century is to determine whether manufacturers may market new drugs

The FDA has only approved tobacco or menthol-flavored products because they aren't as enticing

to kids. However, most stores still sell the products illegally. The justices agreed the FDA lawfully blocked advertisements for two vaping companies

selling fruit and dessert flavored nicotine products. Campaign for tobacco-free kids praise the ruling

saying flavors like killer custard blueberry or suicide bunny mother's milk and cookies

are a clear attempt to draw in kids. In a statement, the president and CEO said

this ruling is significant because the FDA has similarly denied marketing applications for over 26 million flavored e-cigarette products

based on the overwhelming evidence that flavored products appeal to kids, and pose significant risks to their health

The court sent the case back to the appellate court urging the judge to consider another review The FDA based its main argument on the Tobacco Control Act which considers whether existing tobacco users will eventually quit and the likelihood of new users picking up these products for the first time

According to the Supreme Court, the 2009 law prohibits a manufacturer from marketing any new tobacco product without FDA authorization

The manufacturers of the products argued the FDA is unfairly blocking their flavored items after they spend millions to comply with regulations

Concerns over more kids turning to vapes have grown in recent years

In 2018, the Surgeon General declared vaping among teens a public health epidemic

At the time, the CDC reported that 27 percent or 4 million high school students said they use a tobacco product

e-cigarette use rose by 77.8% among high schoolers and 48.5% among middle school students

Fast forward to 2024. The CDC reaffirms that youth use vapes more than any other tobacco product with 87% of students using flavored ones

However, vaping appears to be declining with 1.6 million kids now using e-cigarettes

The justices told the companies they can't submit a new application along with scientific

evidence to show that the benefits of their tobacco products outweigh the potential risk

For Straight Arrow News, I'm Kaylee Carey. Find more of fact-based, unbiased news right now by downloading

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