The United States Supreme Court will hear a case regarding e-cigarettes on Monday, December 2nd, weighing the decision made by federal regulatory agencies to ban flavored e-cigarette products following a surge in youth e-cigarette use.
The Supreme Court is currently reviewing the appeal by the Food and Drug Administration (FDA), which rejected over a million applications to sell candy or fruit-flavored e-cigarette products, which are appealing to teenagers.
These decisions by the FDA are part of their efforts to combat youth e-cigarette use. Anti-smoking advocates state that the FDA’s decisions have contributed to reducing youth e-cigarette usage to the lowest point in a decade, as the rates peaked at an “epidemic level” in 2019.
However, e-cigarette companies have filed appeals with the courts, arguing that the regulatory agencies unfairly disregarded their argument that their sweet e-liquid products are not very attractive to teenagers and can help adults quit traditional cigarettes.
Several lower courts have dismissed lawsuits from e-cigarette companies, but Triton Distribution, based in Dallas, won in the Fifth Circuit Court of Appeals. The court overturned the decision to ban the sale of nicotine-containing liquids such as “Jimmy The Juice Man’s Peachy Strawberry flavor,” even though these liquids produce inhalable aerosols through e-cigarette heating.
The FDA’s regulatory actions on the currently multi-billion-dollar e-cigarette market have been progressing slowly, and even after years of enforcement efforts, technically illegal flavored e-cigarettes are still widely available.
The agency has approved some tobacco-flavored e-cigarettes and recently authorized the first mint-flavored e-cigarette for adult smokers to use.
The Campaign for Tobacco-Free Kids states that the ban on flavored e-cigarettes and the increasing enforcement efforts have helped reduce youth nicotine usage to the lowest level in a decade.
【Reference to the report by the Associated Press】