Reports from the Campaign for Tobacco-Free Kids or CDC

Supreme Court Weighs FDA's Flavored Vape Ban as Teen Vaping Hits Decade Low

Dec 2, 2024, 07:08 PM

The U.S. Supreme Court heard arguments on Monday in FDA v. Wages and White Lion Investments, a case challenging the Food and Drug Administration's (FDA) rejection of applications by two e-cigarette companies to market flavored vaping products. The FDA denied over a million applications to sell candy- or fruit-flavored nicotine products, citing concerns over their appeal to minors and a spike in youth vaping that reached 'epidemic levels' in 2019. The FDA's block on sweet vapes, combined with stepped-up enforcement, has helped drive down youth nicotine use to its lowest level in a decade, according to the Campaign for Tobacco-Free Kids. The companies argue that the FDA unlawfully changed its requirements during the application process and failed to provide fair notice. During the proceedings, Justice Clarence Thomas referred to the FDA's guidance as 'a moving target,' while Justice Neil Gorsuch questioned the lack of jury trials in administrative cases. Some justices appeared sympathetic to the FDA's position, suggesting the agency acted within its authority to regulate products posing significant health risks to youths. The case could have broader implications for the power of federal regulatory agencies and the future of flavored vaping products.