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Supreme Court to Decide FDA's Flavored Vape Ban

The case pits public health concerns over youth vaping against industry claims of regulatory overreach and adult smoking alternatives.

  • The Supreme Court will hear arguments on Monday regarding the FDA's rejection of flavored e-cigarette products from Triton Distribution and Vapetasia.
  • The FDA argues flavored vapes pose a significant risk to youth and failed to meet the required public health standards for approval.
  • The vaping companies claim the FDA unfairly changed its approval criteria without notice, leading to the rejection of their applications.
  • The case follows a 5th Circuit Court ruling that found the FDA's actions arbitrary and capricious, creating a split with other appellate courts.
  • A decision in favor of the vaping companies could weaken regulatory authority and potentially expand the availability of flavored e-cigarettes.
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