The battle over sweet-flavoured vaping products and federal regulation has reached the United States Supreme Court, with a conservative majority showing doubts about the Food and Drug Administration’s crackdown on these products. Despite the FDA’s efforts to curb teen e-cigarette use, questions have been raised about the legality and fairness of the agency’s actions. Here are the key points from the latest hearing:
- The FDA crackdown on sweet-flavoured vaping products led to a significant drop in teen vaping rates.
- President-elect Donald Trump has vowed to support the vaping industry.
- Vaping companies argue that the FDA changed its standards without warning, blocking the sale of over a million flavoured products.
- Justice Elena Kagan expressed skepticism, questioning the surprise over the FDA’s actions.
- The FDA’s slow regulation of the vaping market has led to a widespread availability of illegal flavoured vapes.
- The agency claims companies were denied based on the lack of a net public benefit.
- The 5th Circuit Court of Appeals ruled in favour of vaping company Triton Distribution, allowing the sale of various flavoured e-juices.
- Justice Neil Gorsuch raised concerns about the fairness of the FDA process for companies at stake.
- Justice Brett Kavanaugh questioned the FDA’s guidance and companies’ recourse in such cases.
- The court has been critical of federal regulatory power, particularly in interpreting the law.
- Justice Amy Coney Barrett pondered the possibility of a reverse Chevron deference, where the court defers to the applicant rather than the agency.
As the Supreme Court deliberates on this case, the future of sweet-flavoured vaping products hangs in the balance. Stay tuned for the court’s decision in the coming months.
