Investigating claims made by Triton Distribution, a leading distributor and manufacturer of e-cigarettes, the Supreme Court is deciding whether the FDA has unfairly refused to approve the products or “whether the FDA failed to correctly consider the companies’ requests, in violation of a federal law called the Administrative Procedure Act”.
While the legal age to consume tobacco products is currently 21 in the United States, the CDC (Center for Disease Control) reported that in 2024, 1.63 million high school or middle school students had used an e-cigarette or vape. Out of any students who had currently used a vape, 87.6 percent reported using a flavored device.
Supreme Court to hear arguments on flavored vape regulations imposed after youth vaping spike https://t.co/YlfdPvUXxw
— KSAT 12 (@ksatnews) December 2, 2024
The Food and Drug Administration (FDA) has long taken a stance against these flavored tobacco products, saying that they are marketed towards and harmful to younger generations. Flavors such as sour green apple, caramel pear, strawberry watermelon bubble gum, and cotton clouds seem reminiscent of childhood sweets and candies. Additionally, the bright and colorful packaging often used by vape companies is eye candy, something that could draw attention from a younger client.
E-cigarette companies claim that their devices are not intended for use by children or teens and are meant to be beneficial to those looking to quit smoking. Despite this claim, the FDA has refused to approve the tobacco products for the market.
Triton argued that the FDA’s standard for accepting vapes was altered and the organization did not give manufacturers and distributors ample notification of the change.
Concerning the case, it can be noted that under the Tobacco Control Act, the FDA has the power to regulate tobacco products and their marketing, especially toward younger consumers. This means that legally, the FDA is allowed to make regulations concerning the manufacturing and marketing of e-cigarettes.
The outcome of this case is one that could greatly impact either party. If the Supreme Court sides with the FDA, heavy penalizations could fall upon companies such as Triton for illegally marketing flavored tobacco products. If the Supreme Court supports Triton, the FDA will be forced to reconsider or approve flavored e-cigarettes for the market.
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Accessibility of e-cigarettes for younger consumers is possible. When visiting a vape website, all one has to do is click a button promising that the customer is 21 years of age or older. Then, a potential buyer is free to peruse the products. After adding a few products to the cart, it’s time to check out. Before accessing the cart, the potential customer must enter their date of birth and then they are able to pay. Whether or not one would have to verify an ID or another type of verification after checking out is still unclear.
Still, the question that remains is whether the FDA has unfairly regulated the production and sale of flavored electronic tobacco products.
