19 U.S. States Jointly Pressure The Supreme Court To Restrict The Interstate Sales Of Flavored E-cigarettes

19 U.S. states jointly pressure the Supreme Court to restrict the interstate sales of flavored e-cigarettes

Illinois Attorney General Kwame Raoul joined a coalition of 19 states to file an amicus brief with the U.S. Supreme Court in support of the FDA's move to block the interstate sale of flavored e-cigarettes and highlight the dangers of flavored e-cigarettes to youth health.

According to Hoodline on September 4, Illinois Attorney General Kwame Raoul joined a coalition of 19 states to file an amicus brief with the U.S. Supreme Court in support of the Food and Drug Administration's (FDA) position to block the interstate sale of certain flavored e-cigarette products.

The Illinois Attorney General's Office reported that,

"I will continue to work with advocates, legislators, and state and federal regulators to develop policies to protect minors from the harm of e-cigarettes and other addictive tobacco products."

The Supreme Court will hear the FDA v. Wages and White Lion Investments, LLC case during this session, which involves the FDA's regulatory power over e-cigarette sales. The companies were sided with in a ruling by the Fifth Circuit Court of Appeals in January 2024 that the FDA overstepped its authority when it rejected two manufacturers' applications for market access to sell flavored e-cigarette oils.

In a friend-of-the-court brief filed with the Supreme Court on Monday, a group of Democrats led by Senate Majority Whip Dick Durbin, Oregon Senator Jeff Merkley and New Jersey Representative Frank Pallone argued that the FDA's decision to reject those market access applications was "well thought out."

The Democrats told the Supreme Court that the FDA was following the direction of Congress in curbing sales of e-cigarettes that it believes are harmful to public health. They cited the Family Smoking Prevention and Tobacco Control Act of 2009, which gives the FDA the power to address youth tobacco use.

"Consistent with Congress' primary directive that products under review should not be approved for marketing unless they are appropriate to 'protect the public health,' the FDA has been appropriately focused on children and adolescents, the most vulnerable group of non-tobacco users."

The coalition wants the Supreme Court to overturn the ruling, emphasizing that flavored e-cigarettes are a youth addiction and are associated with increased cancer risk and respiratory diseases. They cited a study that showed nearly 90% of adolescent e-cigarette users choose these flavored products.

From Arizona to Vermont, the list of states supporting Lauer is growing.