The Supreme Court ruled on Wednesday in favor of the Food and Medicines Administration (FDA) in its repression of sweet vaping products after an increase in the use of electronic cigarettes among adolescents.
However, the unanimous decision of the judges to cancel the ruling of a federal appeal court is not the last word in the case, and the FDA could change its approach now that the president, Donald Trump, has promised to “save” the vapeo.
The Court determined that the FDA, during the administration of President Joe Biden, did not vio Jimmy The Juice Man in Peachy Strawberry and Suicide Bunny Mother’s Milk and Cookies. The products are heated with an electronic cigarette to create an inhalable spray.
The FDA has rejected requests for more than one million nicotine products with fruit flavor, desserts or sweets because its manufacturers could not demonstrate that they had a net public benefit, as the law requires.
The federal agency has approved some tobacco flavor vapes, and recently allowed its first electronic tasting cigarettes for adult smokers after the company provided data that showed that the product was more useful to quit smoking.
But the Fifth Court of Appeals Court of the United States put on the side of Triton, coinciding that the FDA changed its standards with little warning, in violation of the federal law.
Although mainly failed in favor of the FDA on Wednesday, the Supreme Court said that the agency had said that the company’s marketing plan would be an important factor when evaluating its application. But, ultimately, he did not consider the marketing plan, Judge Samuel Alito wrote for the Court.
The Court of Appeals was ordered to consider whether not doing it is an important mistake that could still lead to a decision in favor of Triton.
