{"id":13669,"date":"2024-07-03T09:17:57","date_gmt":"2024-07-03T09:17:57","guid":{"rendered":"https:\/\/clearingtheair.eu\/u-s-supreme-court-to-review-flavoured-vapes-ban-decision\/"},"modified":"2025-01-06T16:09:43","modified_gmt":"2025-01-06T16:09:43","slug":"u-s-supreme-court-to-review-flavoured-vapes-ban-decision","status":"publish","type":"post","link":"https:\/\/clearingtheair.eu\/en\/post\/u-s-supreme-court-to-review-flavoured-vapes-ban-decision\/","title":{"rendered":"U.S Supreme Court to review flavoured vapes ban decision"},"content":{"rendered":"

The U.S. Supreme Court has agreed to hear the Food and Drug Administration\u2019s defence of its decision to ban flavoured vapes. <\/strong><\/p>\n

The FDA had denied applications from two companies seeking to sell e-liquids in flavours such as sour grape, pink lemonade, and creme brulee. They included names such \u201cSuicide Bunny Bunny Season\u201d and \u201cJimmy the Juice Man Strawberry Astronaut.\u201d<\/p>\n

However, the rejections of these applications, along with over one million other products, was challenged by the companies in the 5th U.S. Circuit Court of Appeals. The appeals court ruled that the FDA\u2019s denial was \u201carbitrary and capricious\u201d for not considering the companies\u2019 plans to prevent underage access to the vapes.<\/p>\n

It also said the FDA engaged in \u201cregulatory switcheroos\u201d by imposing new testing requirements after companies had submitted their paperwork seeking approval. <\/p>\n

A major test of the FDA\u2019s powers <\/strong><\/p>\n

Now, the Supreme Court has said it will review the case, marking a major test of the FDA’s role in approving new nicotine products. <\/p>\n

The decision comes amid conflicting rulings from other federal appellate courts, prompting the justices to find a definitive resolution on the FDA\u2019s regulatory authority over flavoured vaping products.<\/p>\n

The agency has consistently rejected applications for flavoured vapes since 2016 when Congress enacted a 2009 law – the Tobacco Control Act – that requires companies to get FDA approval before selling new nicotine products.<\/p>\n

Of the million-plus applications it has received, it has approved only around two dozen. These are from companies including Altria Group Inc. and R.J. Reynolds Vapor Co., a subsidiary of British American Tobacco Plc.<\/p>\n

The FDA argues that flavoured vapes pose a \u201cknown and substantial risk to youth\u201d and that companies must demonstrate that their marketing is \u201cappropriate for the protection of public health.\u201d<\/p>\n

Smoking cessation tool<\/strong><\/p>\n

Last week the FDA approved two menthol flavoured vapes<\/a> for the first time. It said that \u201cafter rigorous scientific review,\u201d the agency concluded that the benefit of adult smokers switching to vapes outweighed the risks to young people.<\/p>\n

The move supports the vaping industry\u2019s assertion that vapes can drastically reduce the harms of smoking, which kills eight million people a year – including 480,000 in the U.S. <\/p>\n

The FDA has declined to comment on the latest review, saying it doesn\u2019t discuss ongoing legal cases. The agency recently said it\u2019s been overwhelmed by lawsuits challenging its denials of some products.<\/p>\n

The Supreme Court will hear arguments and decide the case in the next Supreme Court term, which begins in October and ends in June 2025.<\/p>\n

\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"

The U.S. Supreme Court has agreed to hear the Food and Drug Administration\u2019s defence of its decision to ban flavoured vapes.\u00a0<\/p>\n","protected":false},"author":990002,"featured_media":13675,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[257],"tags":[],"slider":[],"class_list":["post-13669","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/posts\/13669","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/users\/990002"}],"replies":[{"embeddable":true,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/comments?post=13669"}],"version-history":[{"count":8,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/posts\/13669\/revisions"}],"predecessor-version":[{"id":15794,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/posts\/13669\/revisions\/15794"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/media\/13675"}],"wp:attachment":[{"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/media?parent=13669"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/categories?post=13669"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/tags?post=13669"},{"taxonomy":"slider","embeddable":true,"href":"https:\/\/clearingtheair.eu\/en\/wp-json\/wp\/v2\/slider?post=13669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}