The Supreme Court is set to hear a case regarding the FDA’s refusal to approve flavored e-cigarettes due to public health concerns. Makers of flavored vapes have challenged the FDA’s decisions in various cases around the country. The legal issue before the justices is whether the FDA failed to correctly consider the companies’ requests under the Administrative Procedure Act. Two companies, Triton Distribution and Vapestasia, have been seeking approval for flavored vapes, such as Mom’s Pistachio and Iced Pineapple Express, arguing that they can help people quit smoking. The FDA has expressed concerns that flavored vapes may encourage young people to use tobacco. The agency evaluates each application on its merits, and it rejected the companies’ applications due to lack of sufficient evidence supporting their claims. The FDA has approved menthol-flavored e-cigarettes and some tobacco-flavored ones. The agency began regulating vape products in 2016, after they were already on the market, and has stated that the potential benefits for adult smokers do not outweigh the potential health risks to young people. As the FDA is part of the Department of Health and Human Services, it will be under scrutiny in the upcoming term of President-elect Donald Trump, who has expressed intentions to make significant changes to the health care system.
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Supreme Court to Address Dispute Over FDA’s Rejection of Flavored Vapes
