Supreme Court to Review FDA E-Cigarette Products Decision

Regulations by 2FIRSTS.ai
Jul.03.2024
Supreme Court to Review FDA E-Cigarette Products Decision
The US Supreme Court agrees to hear case on FDA's refusal to approve flavored e-cigarette products, citing health risks.

According to a report from Reuters on July 2, the United States Supreme Court has agreed to hear arguments from the Food and Drug Administration (FDA) regarding its decision to deny two companies' applications to sell flavored e-cigarette products. The FDA believes that these products pose health risks to young consumers.

 

The Supreme Court will hear this case in the next term, which begins in October of this year. Prior to this, a lower court ruled that the FDA did not follow the proper legal procedures required by federal law when rejecting applications for nicotine-containing products to be marketed.

 

In 2020, e-cigarette liquid manufacturers Triton Distribution and Vapetasia LLC submitted product applications to the FDA for flavors such as sour grape, powdered lemonade, and caramel pudding. Some of the products included in the applications are "Jimmy The Juice Man Strawberry Astronaut" and "Suicide Bunny Bunny Season".

 

According to a rule that went into effect in 2016, the FDA now considers e-cigarettes to be tobacco products and, like traditional cigarettes, they must undergo review by the agency under the 2009 Tobacco Control Act. The rule requires manufacturers to seek approval in order to continue selling their products.

 

Although the FDA has claimed that it has not fully banned flavored e-cigarette products, companies seeking approval must meet strict legal standards because these products pose a "known and significant" risk to young people. In order to obtain approval from regulatory authorities, companies must prove that their marketing activities are "appropriate to protect public health".

 

According to court records, the FDA has rejected applications from these two companies as well as over one million other products. To date, the FDA has only approved 27 e-cigarette products, all of which are tobacco or mint flavored.

 

In 2021, Triton and Vapetasia appealed the FDA's rejection of their applications to the United States Fifth Circuit Court of Appeals in New Orleans.

 

In January of this year, a panel of 10 judges from the Fifth Circuit Court of Appeals ruled 10-6 that the FDA violated the federal Administrative Procedure Act by not considering a company's plan to prevent minors from accessing and using their products when rejecting an application. The decision was written by Judge Andrew Oldham, appointed by former Republican President Donald Trump. Oldham pointed out that the FDA initially requested detailed plans from e-cigarette companies on how they would prevent youth from misusing their products, but ultimately denied the applications without reviewing these plans.

 

Oldham stated that this did not fulfill the institution's obligation to be "open and straightforward," meaning they failed to communicate with the company in a direct and honest manner.

 

Triton's lawyer, Eric Heyer, stated that the company "looks forward to the Supreme Court reviewing the FDA's sudden implementation of new study requirements after the fact, as well as instances where the agency did not follow its own application guidelines."

 

The ruling of the Fifth Circuit Court of Appeals is at odds with the conclusions of other federal appellate courts on the issue, prompting the FDA to appeal to the Supreme Court.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Kazakhstan’s Almaty crackdown: Telegram channels used to sell banned vapes, six face charges
Kazakhstan’s Almaty crackdown: Telegram channels used to sell banned vapes, six face charges
Authorities in Almaty have uncovered a large illegal vape distribution scheme, seizing and destroying more than 180,000 vapes. Prosecutors said potential revenue from sales could have exceeded 1 billion tenge. Suspects allegedly sold the banned products through Telegram channels and social media, storing inventory in warehouses and covert locations.
Feb.27 by 2FIRSTS.ai
Illegal Trade in Tobacco and E-Cigarettes Continues to Rise in Germany, BVTE and BDZ Call for Enforceable Regulation
Illegal Trade in Tobacco and E-Cigarettes Continues to Rise in Germany, BVTE and BDZ Call for Enforceable Regulation
BVTE and BDZ said at a joint press conference in Berlin on March 10 that illegal trade in tobacco products, e-cigarettes and other nicotine products continues to grow in Germany, posing challenges to the rule of law, youth protection, consumer protection and state fiscal authority. The groups said there is still no reliable overall statistic for the illegal trade in tobacco products, e-cigarettes, nicotine pouches and oral nicotine products.
Mar.12 by 2FIRSTS.ai
ELFBAR Resolves Global Dispute Over "ELF" Trademark with VPR Brands LP
ELFBAR Resolves Global Dispute Over "ELF" Trademark with VPR Brands LP
ELFBAR announces global settlement with VPR Brands LP over "ELF" trademark dispute, covering major markets like US, Canada, UK.
Apr.01 by 2FIRSTS.ai
Mexico’s Coahuila State Passes Vape Ban Covering Non-Nicotine Devices and Heated Tobacco Products
Mexico’s Coahuila State Passes Vape Ban Covering Non-Nicotine Devices and Heated Tobacco Products
The Congress of Coahuila in Mexico has approved a ban on the sale, use and promotion of vapes and similar devices, citing their harmful effects on health and the environment.
Mar.31 by 2FIRSTS.ai
WHO warns Europe will remain the world’s biggest tobacco consumer by 2030 as vaping fuels youth uptake
WHO warns Europe will remain the world’s biggest tobacco consumer by 2030 as vaping fuels youth uptake
According to Euronews, the World Health Organization (WHO) says its European Region—53 countries across Europe and Central Asia—is projected to remain the world’s largest tobacco consumer by 2030. While overall tobacco use is declining, e-cigarettes and flavoured nicotine products are capturing a new generation.
Feb.27 by 2FIRSTS.ai
Report says illegal vapes “threaten UK high streets” as 55% of councils seized thousands last year
Report says illegal vapes “threaten UK high streets” as 55% of councils seized thousands last year
The latest annual Illegal Vapes and Nicotine Product Report says nearly 5 million illegal vapes have been seized over the last three years—equivalent to three seized every minute—with a street value of £39m (USD equivalent not provided in the source; exchange-rate basis not stated). It says 1.3 million were seized last year and that 55% of UK council areas seized thousands of illegal products over the year.
Feb.26 by 2FIRSTS.ai