The Food and Drug Administration (FDA) has never approved nicotine vaping products in flavors other than tobacco or menthol and probably never will unless it reconsiders the approach it has taken in recent years. But President-elect Donald Trump brags that he "saved flavored vaping" during his first term and promises he will "save vaping again."
The change in administrations underlines the stakes of FDA v. Wages and White Lion Investments, a case that the U.S. Supreme Court considered this week. Triton Distribution, a Dallas-based e-liquid manufacturer, is challenging the FDA's denial of its applications for "premarket" approval of its products, without which the company will be forced to shut down. If Triton prevails, it can stay in business while it submits new applications, and the FDA in the next administration is apt to be more receptive. That would be good news for adult vapers, including former smokers, who overwhelmingly prefer the flavors that the FDA has deemed an intolerable threat to the youth of America.
