The U.S. Supreme Court is set to rule on a case banning flavored vapes. The FDA asked to keep the ban in place, prompting complaints from vape companies. The former FDA deputy said he now represents other small vape companies.
As reported by the NY Post on November 28, the vape issue will be brought before the Supreme Court next week. Federal regulators are asking the Supreme Court to uphold a ban on flavored vape brands. The measure is aimed at responding to a sharp increase in youth vape use.
The U.S. Food and Drug Administration (FDA) has rejected more than 1 million applications for the marketing of candy or fruit flavors. According to advocates, the measure has helped reduce the proportion of teens taking up vapes after “epidemic levels” spiked in 2019. However, vape companies say the FDA ignores their arguments that flavored vape brands help adults quit smoking and do not increase risk for teens.
After Donald Trump vowed on social media in September to “save” vapes, his administration may take a different approach.
On Monday, the Supreme Court heard arguments from the FDA despite other courts upholding the appeal from the U.S. Court of Appeals for the Fifth Circuit. The FDA refused, but an appeals court sided with the Triton Distribution company. It overturned a ruling that banned The sale of tobacco oil (as in “Jimmy The Juice Man in Peachy Strawberry”). Triton said the FDA unfairly changed its requirements without sufficient advance notice.
Former FDA director Marc Scheineson said,
- “It’s like taking the chair away from the applicant.”
He noted that he now represents other small vape companies.
The FDA has been slow to regulate the vape market, and illegal flavored vapes are still widely circulated. The FDA has approved some tobacco-flavored vapes and recently approved the first menthol vape for adult smokers.
Dennis Henigan, vice president of legal and regulatory affairs for the Campaign for Smoke-Free Kids, noted that the ban, combined with federal and state age requirements, has helped drive youth tobacco tar use to its lowest level in a decade.
The FDA’s need is clear, and it is concerned that the court’s decision will make flavored vapes more popular, while flavored vape brands, the primary choice for the 1.6 million high school students who still vaping, will pose a real public health hazard.
