The US Supreme Court Will Hear The E-cigarette Ban Case. The Former FDA Deputy Director Joins The E-cigarette Company Camp

The US Supreme Court will hear the e-cigarette ban case. The former FDA deputy director joins the e-cigarette company camp

The U.S. Supreme Court will rule on the flavored e-cigarette ban case, with the FDA asking to maintain the ban, and e-cigarette companies expressing dissatisfaction. The former FDA deputy commissioner said he now represents other small e-cigarette companies.

According to the NY Post on November 28, the e-cigarette issue will be submitted to the Supreme Court next week, and federal regulators asked the Supreme Court to support its ban on flavored e-cigarette products, a measure aimed at responding to the surge in e-cigarette use among teenagers.

The U.S. Food and Drug Administration (FDA) has rejected more than one million marketing applications for candy or fruit flavored products. According to advocates, this measure will help reduce the proportion of teens vaping after an "epidemic-level" surge in 2019. However, e-cigarette companies said that the FDA ignored their arguments that flavored e-cigarette products help adults quit smoking and do not increase the risk of teenagers.

In September, Donald Trump vowed to "save" e-cigarettes in a post on social media, and his administration may take a different approach afterwards.

On Monday (25th), the Supreme Court heard the FDA's appeal of a ruling by the U.S. Fifth Circuit Court of Appeals. While other courts have upheld the FDA's rejection, the appeals court sided with Triton Distribution. It overturned a ruling that banned the sale of nicotine e-liquids such as "Jimmy The Juice Man in Peachy Strawberry." Triton said the FDA unfairly changed its requirements without adequate advance notice.

"It's like taking the chair away from the applicant," said Marc Scheineson, a former FDA deputy commissioner and lawyer who said he now represents other small e-cigarette companies.

The FDA has been slow to regulate the e-cigarette market, and illegal flavored e-cigarettes remain widely available. The FDA has approved some tobacco-flavored e-cigarettes and recently approved the first menthol-flavored e-cigarette for adult smokers.

Dennis Henigan, vice president of legal and regulatory affairs for the Campaign for Tobacco-Free Kids, noted that bans, combined with age-limit enforcement at the federal and state levels, have helped drive teen nicotine use to its lowest level in a decade.

The FDA's request is clear: it is concerned that the court's decision will lead to a greater popularity of flavored e-cigarettes, which are the main choice for the 1.6 million high school students who still vape, which will cause real harm to public health.