The Supreme Court on Wednesday ruled for the Food and Drug Administration (FDA) in its crackdown on sweet-flavored vaping products, reported the Associated Press.
The Supreme Court tossed out an appeals court decision that had found the agency acted unlawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes with names like Jimmy the Juice Man Peachy Strawberry, Signature Series Mom’s Pistachio and Suicide Bunny Mother’s Milk and Cookies, reported The New York Times.
In a unanimous decision written by Justice Samuel A. Alito Jr., the justices left in place, for now, an FDA order that prohibited retailers from marketing flavored tobacco products, sending the case back to the U.S. Court of Appeals for the Fifth Circuit for further review.
“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 Donald Trump has promised to ‘save’ vaping,” AP wrote.
The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law, wrote AP.
Justice Alito wrote that the agency’s denials of the applications were for the most part “sufficiently consistent” with agency guidance on tobacco regulations.
In the opinion, Justice Alito highlighted the possible dangers of the flavored products appealing to middle and high school students, writing that “the kaleidoscope of flavor options adds to the allure of e-cigarettes and has thus contributed to the booming demand for such products among young Americans.”
The FDA has so far not instituted changes to its policies on vaping. But on Tuesday, the FDA’s top tobacco regulator, Brian King, was removed from his post amid sweeping cuts to the federal health workforce that have cleared out many of the nation’s leading health experts. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes.