U.S. Supreme Court To Hear Arguments On Flavored Vape Regulations

The U.S. Supreme Court is set to hear a vaping-related case, focusing on federal regulators’ efforts to block sweet-flavored vaping products amid concerns over their appeal to youth, Lindsay Whitehurst reported for the Associated Press (AP).

The case centers on the Food and Drug Administration (FDA), which has denied over a million applications to sell candy- and fruit-flavored e-liquids.

The case centers on the Food and Drug Administration (FDA), which has denied over a million applications to sell candy- and fruit-flavored e-liquids.

These actions, part of a larger crackdown, have been credited with reducing youth vaping rates to decade lows after an "epidemic-level" peak in 2019. However, vaping companies argue the FDA unfairly dismissed claims that their flavored products help adults quit smoking traditional cigarettes while not significantly attracting younger users.

The case comes ahead of the inauguration of President-elect Donald Trump, who has signaled support for the vaping industry, vowing in a September social-media post to “save” vaping.

Lower courts largely sided with the FDA, but Dallas-based Triton Distribution won a favorable ruling at the 5th Circuit Court of Appeals.

The court overturned an FDA decision blocking the sale of flavored nicotine liquids, including “Jimmy The Juice Man in Peachy Strawberry.” Despite FDA efforts, flavored vapes that are technically illegal remain widely available.