The FDA’s flavored vape ban goes before the Supreme Court
Image: Patrick T. Fallon/AFP
On Monday, the Supreme Court heard arguments in a case challenging the FDA’s ban on flavored e-cigarette products.
Some quick background: Despite their widespread popularity, all flavored e-cigarettes sold across the US – including those from Elf Bar, Breeze, Puff Bar, and others – are technically illegal under a Trump-era FDA rule establishing an approval process for such products.
- In 2020, vaping companies Triton Distribution and Vapetasia applied to market new flavors designed to taste like fruit and candy, such as “Rainbow Road” and “Jimmy the Juice Man Peachy Strawberry.”
- The FDA denied their applications the following year, after determining the products posed a “known and substantial risk to youth.”
The agency’s refusal prompted the two companies to sue seeking to overturn the FDA’s flavored nicotine juice ban.
The arguments: The two vaping companies claim their products should be approved because they’re a less harmful alternative to traditional cigarettes. They also accuse the FDA of secretly changing its requirements for flavored products after their applications were submitted.
- The FDA argues flavored vaping products pose a significant risk of encouraging e-cigarette use among youth, outweighing any potential benefit to adult cigarette smokers.
Zoom out: The rate of vaping usage among American youths is at its lowest level in a decade, according to CDC data. Currently, 5.9% of middle and high school students use e-cigarettes, down from 7.7% last year and a recent peak of 20.2% in 2019. Among students who do vape, 87.6% report using flavored e-cigarettes.
Looking ahead… The Supreme Court, which appeared to side with the FDA in arguments, is expected to deliver its ruling before the end of its term next summer. But the situation could change entirely after Inauguration Day: President-elect Trump recently promised to “save Vaping again” in a post on Truth Social.
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Sprinkles from the Left
- Some analysts argue that vaping has the potential to be a major player in the fight against tobacco addiction but only if the negative stigma around vaping and massive regulation limiting vaping access fades away.
- Others contend the opposite: that vaping is and always has been a major public health crisis among youth and teens, and that data shows even more crackdown is needed from the FDA to right the crisis.
- “The Case for Vaping.” –Parker DeVore, The Student Life
- “Don’t be fooled: Teen vaping is still a public health crisis.” –Washington Post Editorial Board
- “I Got Addicted to Vaping at 14. Your Kid May Be Too.” –Josephine Shapiro, U.S. News & World Report
Sprinkles from the Right
- Some commentators argue that while working to keep teens from vaping is important, states like Texas demonstrate that overly strict ‘one-size-fits-all’ disciplinary policies will ultimately do more harm than good, especially for disenfranchised groups.
- Others contend that the FDA should continue to push back against opposition from e-cigarette companies trying to bring more flavored vapes to the market, as they all care more about profits than the health and safety of youth.
- “Stop teens from vaping? Yes. Pull them out of their classes over it? Hold on a minute.” –The Fort Worth Star-Telegram Editorial Board
- “An important step to curb vaping.” –Jamey Fah, The Gazette
- “Yes, vaping is harmful for kids. But so are zero-tolerance school punishments in Texas.” –Houston Chronicle Editorial Board
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