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FILE - The Supreme Court is seen in Washington, Nov. 2, 2024. (AP Photo/J. Scott Applewhite, File)

Supreme Court doesn't seem convinced FDA was unfair in blocking flavored vapes as teen use increased

A majority of Supreme Court justices didn’t seem convinced Monday that federal regulators misled companies before refusing to allow them to sell sweet flavored vaping products following a surge in teen e-cigarette use

By LINDSAY WHITEHURST
Published - Dec 03, 2024, 08:22 AM ET
Last Updated - Dec 16, 2024, 05:09 PM EST

WASHINGTON (AP) — A majority of Supreme Court justices didn't seem convinced Monday that federal regulators misled companies before refusing to allow them to sell sweet-flavored vaping products following a surge in teen e-cigarette use.

The conservative-majority court did raise questions about the Food and Drug Administration crackdown that included denials of more than a million nicotine products formulated to taste like fruit, dessert or candy. Teen vaping use has since dropped to its lowest level in a decade, but the agency could change its approach after the inauguration next month of President-elect Donald Trump, who has promised to “save” vaping.

Vaping companies have long marketed their products as a way to help adults quit traditional cigarettes, and say the FDA changed its standards with little warning as it blocked the sale of over a million new flavored products.

Justice Elena Kagan, though, was skeptical.

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