WASHINGTON (AP) 鈥� on Wednesday ruled for in its crackdown on following a surge in teen electronic cigarette use.
But the justices' unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President has promised to 鈥渟ave鈥� vaping.
The high court ruled that the FDA, during President Joe Biden's administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like 鈥淛immy The Juice Man in Peachy Strawberry鈥� and 鈥淪uicide Bunny Mother鈥檚 Milk and Cookies.鈥� The products are heated by an e-cigarette to create an inhalable aerosol.
Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision 鈥渁 major victory for the health of America鈥檚 kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis."
The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn鈥檛 show that flavored vapes had a net public benefit, as required by law.
It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting.
But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law.
While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company's marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court.
Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes "in the great harm reduction potential鈥� of the products and plans to continue litigation.
The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton's favor.
The FDA has so far not instituted changes to its polices on vaping. But on Tuesday, the FDA鈥檚 top tobacco regulator, , was removed from his post amid sweeping cuts to that have cleared out many of the nation鈥檚 leading health experts. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes.
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The Associated Press
