According to a report by Tobacco Reporter on November 25th, the US Supreme Court will next week hear arguments from the Food and Drug Administration (FDA) regarding the rejection of pre-market tobacco product applications (PMTA) from two companies. These companies wish to sell flavored vape products that are considered to pose health risks to young consumers.
Previously, a lower court ruled that FDA did not follow proper legal procedures under federal law when rejecting the applications of these two companies to market their nicotine products. The Supreme Court has decided to hear FDA's appeal and plans to hear the case in the next session, which begins in October.
Two e-cigarette liquid manufacturers, Triton Distribution and Vapetasia, submitted pre-market tobacco product applications in 2020, which included flavors such as sour grape, pink lemonade, and caramel pudding. The products had names like "Jimmy The Juice Man Strawberry Astronaut" and "Suicide Bunny Bunny Season." FDA rejected the applications from these two companies and over a million other products.
In 2021, Triton and Vapetasia applied for a review of the FDA's rejection decision with the United States Fifth Circuit Court of Appeals in New Orleans. In January of this year, the Fifth Circuit Court of Appeals ruled that FDA was too arbitrary in its denial of the application and did not consider the companies' plans to prevent minors from accessing and using their products.
