The U.S. Supreme Court has refused to hear a case challenging the authority of the U.S. Food and Drug Administration to reject flavored e-cigarettes. The court’s decision, made in February 2021, serves as a major setback for e-cigarette makers who have pushed for the right to produce and sell flavored products.
In response to a growing public health crisis involving youth and young adults using and becoming addicted to e-cigarettes, the FDA in 2019 issued a new rule banning all flavored e-cigarettes except for menthol and mint flavors, which were viewed as less appealing to young people. Several e-cigarette makers filed a lawsuit against the FDA, arguing that the agency did not have the authority to ban flavors.
The Supreme Court’s decision not to hear the case leaves the FDA’s rule in place. This means that, while flavors other than menthol and mint are not allowed to be sold, the FDA has the authority to regulate the e-cigarette market. This is good news for public health advocates who want to keep young people from becoming addicted to vaping.
Although the FDA’s flavored e-cigarette ban has been upheld, many challenges still remain. Many e-cigarette companies continue to produce and sell flavored products, and there is currently little in the way of effective enforcement on the federal level to stop them. Additionally, many states and localities have put forth their own regulations to curb the use of e-cigarettes, but their ability to do so is limited because of issues of preemption.
E-cigarettes have become an increasingly controversial issue as more and more studies provide evidence of their potential harms. This Supreme Court decision will undoubtedly be a controversial one, as many believe that flavored products are paramount in keeping young people from becoming addicted.
While the Supreme Court’s decision may not be a win for the vaping industry, it is an important reminder that the FDA has the authority to take meaningful steps towards preventing the proliferation of e-cigarettes and their associated health risks. It remains to be seen whether the federal government will push forward with more strict regulations for e-cigarettes or whether this decision will further embolden companies and manufacturers to continue producing and selling flavored products.
