The Supreme Court on Wednesday upheld FDA actions to keep certain flavored e-cigarettes off the market, unanimously backing some of the agency’s approval process but sending an issue back to a lower court for further consideration.
FDA decisions have kept more than 1 million candy, fruit and other flavored e-cigarette products off the market nationwide. The two companies that challenged the FDA decisions, Triton Distribution and Vapetasia, sought approvals for flavors such as “Jimmy The Juice Man Peachy Strawberry,” “Iced Pineapple Express” and “Killer Kustard Blueberry.”
The FDA found that the companies had not sufficiently backed up their claims in the face of the risks of increased youth smoking from the flavors.
