On Monday, the Supreme Court is set to hear a significant case regarding vaping, as it evaluates the actions of federal regulators who have restricted sweet vaping products in response to the rising e-cigarette usage among children.
The high court is set to review an appeal from the Food and Drug Administration, which has rejected over a million requests to market candy- or fruit-flavored items aimed at children.
The measures taken are seen as a significant effort that supporters of tobacco control claim has led to a notable reduction in youth vaping, reaching its lowest point in ten years following a peak described as a “epidemic level” in 2019.
Vaping companies contested the court’s decision, claiming that the agency overlooked their points about how their flavored e-liquids are not particularly appealing to children and instead serve as a valuable tool for adults trying to quit smoking conventional cigarettes.
The situation arises just ahead of the swearing-in of Donald Trump as President, with his forthcoming administration potentially adopting a new stance following his commitment in a September social media update to “save” vaping.
A number of lower courts dismissed lawsuits from vaping companies, yet Triton Distribution, based in Dallas, achieved a victory at the 5th Circuit Court of Appeals. A recent ruling has overturned a previous decision that prohibited the sale of nicotine-infused liquids, such as “Jimmy The Juice Man in Peachy Strawberry,” which are vaporized by e-cigarettes to produce an inhalable aerosol.
The regulatory response to the booming vaping market has been sluggish, and despite ongoing enforcement efforts, flavored vapes that should be banned continue to be easily accessible.
The agency has given the green light to certain tobacco-flavored vapes and has recently permitted its inaugural menthol-flavored electronic cigarettes for adult smokers.
According to the Campaign for Tobacco-Free Kids, the restrictions on sugary vapes, along with increased enforcement efforts, have significantly reduced youth nicotine consumption, reaching its lowest point in ten years.
