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Supreme Court tackles FDA decision on flavored vapes


The Supreme Court recently debated whether the FDA unlawfully refused to approve flavored e-cigarettes over public health concerns. The court, with a 6-3 conservative majority, expressed skepticism about the FDA’s changing standards, yet Justice Brett Kavanaugh appeared sympathetic to the agency’s position. The case, brought by Triton Distribution and Vapestasia, questions the FDA’s denial of flavored vapes due to potential health risks and appeal to young people. The companies argue that flavored vapes can aid individuals in quitting smoking and that the FDA did not give fair notice of changing standards. Justices Clarence Thomas and Neil Gorsuch expressed concerns about the FDA’s actions, with many liberal justices, including Elena Kagan and Ketanji Brown Jackson, noting that the FDA’s position on flavored vapes was clear. The FDA evaluates each application individually but rejected the companies’ due to insufficient evidence. With the FDA’s increasing control over vape products, President-elect Donald Trump’s potential appointment of Robert F. Kennedy Jr., a vaccine skeptic, to run the Department of Health and Human Services, including the FDA, could impact the agency’s future decisions. If the companies win the case, there could be changes in the FDA’s approach to approving flavored vapes.

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