The FDA has denied over 1 million applications for flavored vape products

The Supreme Court heard oral arguments Monday over the Food and Drug Administration’s (FDA) rejection of applications to market fruit and dessert-flavored e-cigarettes. 

The FDA maintains that these vapes attract young users and pose a risk of nicotine addiction. It has denied over 1 million applications for such products, citing public health concerns. It has only approved tobacco or menthol-flavored vapes from 27 companies so far.

Under the Family Smoking Prevention and Tobacco Control Act, new tobacco products must show they help adult smokers quit cigarettes and not attract kids, getting them addicted to nicotine—a standard the FDA claims these products fail to meet. 

E-cigarette makers Triton Distribution and Vapetasia argued that the FDA unfairly blocked their candy-flavored e-cigarettes, popular among teens. They said the agency unfairly shifted the approval standards.

SCOTUS justices, including conservative members like Brett Kavanaugh and Amy Coney Barrett, seemed doubtful of the companies’ claim. Justice Elena Kagan remarked that requiring flavors that don’t appeal to kids isn’t a new standard.

An annual federal health survey reported a 70% decline in youth vaping since its peak in 2019. Anti-vape groups point out an estimated 1.6 million young Americans still vape, with many drawn to flavored vapes, according to the Washington Post.

A decision on the case is expected by summer, which will have a significant impact on the industry worth billions of dollars. The decision will also shed light on the scope of the FDA in exerting its authority over tobacco products.

President-elect Donald Trump has made promises in the past to “save vaping,” despite a flavored vape ban during his first term.