Supreme Court Considers FDA's Flavored E-Cigarette Ban as Trump Promises to 'Save Vaping'

The Supreme Court on Monday heard arguments in a case involving the FDA's regulation of flavored e-cigarettes. At issue is whether the FDA acted appropriately when it denied the applications of two vaping companies to sell flavored e-liquids, citing concerns about their appeal to youth without providing enough benefits for adult smokers.

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The FDA has authorized only a limited number of e-cigarette products, mostly tobacco-flavored, due to concerns over youth addiction. The companies, White Lion Investments (Triton) and Vapetasia, argue that flavored products help adults quit smoking, but the FDA insists that the flavors pose a significant risk to children.

A key question in the case is whether the FDA changed its review process midway, as the 5th Circuit Court of Appeals suggested. However, several justices, including Brett Kavanaugh and Elena Kagan, appeared to agree with the FDA’s position, stating that the agency had been consistent in its concerns about youth appeal.

With teen vaping rates at their lowest in a decade, the case highlights ongoing concerns about youth access to flavored e-cigarettes, despite over 1.6 million children still using them. The outcome of the case, expected by June, could influence future regulation of the vaping industry.

The case is also affected by the incoming Trump administration, which has promised to "save vaping." While his administration previously attempted to restrict flavored vaping products in 2020, Trump has vowed to change course. If the Supreme Court rules in favor of the vaping companies, the new administration may implement policies that could ease restrictions, potentially influencing the FDA’s future decisions on flavored e-cigarettes.