During oral arguments for Food and Drug Administration v. Wages and White Lion Investments, LLC on December 9th, the U.S. Supreme Court appeared divided over tobacco industry claims that the Food and Drug Administration (FDA) unlawfully rejected millions of flavored e-cigarettes for approved sale due to concerns about nicotine addiction among young people.

In fact, several justices noted that even if the vape manufacturers loses the case, they could reapply for approval with the FDA via a new application. Also of note is that, while the first Trump administration stood firmly against the marketing and sale of sweet and candy-flavored vapes, president-elect Donald Trump said during the recent campaign that he wants to “save” flavored vapes.

Nearly a quarter of high school students who use e-cigarettes consume illicit menthol-flavored varieties, according to the 2023 National Youth Tobacco Survey.

The case will be decided before the end of the Supreme Court’s term in June 2025.

Source: ABC News