Supreme Court to weigh FDA's refusal to approve flavored vapes
The Supreme Court agreed to consider whether the Food and Drug Administration acted unlawfully in refusing to approve flavored e-cigarettes that are often used by teens.
WASHINGTON —The Supreme Court on Tuesday agreed to consider whether the Food and Drug Administration acted unlawfully in refusing to approve flavored e-cigarettes that are often used by teens.
The case marks a test of the FDA's role in approving new nicotine products at a time when new ones are proliferating.
E-cigarette makers have brought court cases around the country challenging the FDA's decisions.
The FDA won most of them, but appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals in January ruled in favor of two vape companies seeking to have their products approved. The appeals court concluded that the FDA had failed to correctly assess the companies' requests in violation of a federal law called the Administrative Procedure Act.
That case was brought by Triton Distribution, which makes e-liquids for vape pens in such flavors as "Signature Series Mom's Pistachio" and "Suicide Bunny Mother's Milk and Cookies," and Vapestasia, which has sought approval for flavors including "Iced Pineapple Express" and "Killer Kustard Bluebery."
Rating: 5