Makers of e-cigarettes are pushing the Supreme Court to order a reassessment of their flavored vaping products, hoping the incoming Trump administration will reverse restrictions imposed by the FDA. The FDA has rejected over a million flavored vaping products, arguing they need to show that the benefits for helping smokers outweigh the harm to young people. The only approved flavors are tobacco or menthol, which are considered less appealing to teens. The e-cigarette industry accuses the FDA of unfairly blocking most flavored products, with the exception of the Fifth U.S. Circuit Court of Appeals, which critiqued the FDA’s actions as a “wild goose chase.” The FDA maintains it is following the Tobacco Control Act, which requires considering the impact on both current tobacco users and potential new users. Both liberal and conservative justices seem to agree that the FDA has the authority in this matter. However, there is speculation that the FDA’s stance on flavored vapes could change under a new administration, as Trump has publicly supported saving flavored vaping products and has made exceptions for them in the past. Public health groups are concerned that a ruling against the FDA could reverse progress in regulating vaping products and make it easier to approve new ones. The case, FDA v. Wages and White Lion Investments LLC, is ongoing.
Photo credit
www.usatoday.com
Will the Supreme Court allow Trump to protect flavored vapes?
