Does the Supreme Court even vape, bro?

Yesterday, the Supreme Court declined to hear a case challenging the FDA’s authority to ban flavored e-cigarettes. So whether you’re a worried parent or a classy bish who just likes a little peach-flavored nicotine with their wine (or even both) – listen up.

Background: The case is related to the FDA’s 2021 decision to reject all of Avail Vapor’s applications for its fruit- and dessert-flavored e-cigarettes.

As the reason for its denial, the agency cited the lack of long-term studies demonstrating that these sweet-flavored vapes were more effective at helping adult smokers quit than tobacco-flavored e-cigarettes – which is important because it would demonstrate the benefits of Avail’s products to adults outweigh their risks to youth. Children, teens and young adults tend to be more attracted to flavored e-cigarettes, per the FDA.

Much like Swift/Kelce, disposable flavored disposable e-cigs are having a moment. The sale of flavored e-cigarette pre-filled pods was banned by the FDA in 2020. Since then, the sale of flavored disposable e-cigarettes – which weren’t covered by the ban – have surged.

• Disposable e-cigs accounted for 41% of the US e-cigarette retail sales market in December 2022, up from 29% in January 2020.

In the know: Most popular brands of disposable e-cigs on the market – including Puff Bar, Elf Bar, and Breeze Smoke – aren’t FDA-approved and are illegal. To date, the agency has only authorized 23 tobacco-flavored e-cigarette products and devices.