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The justices handed a win to the Food and Drug Administration in its rejection of applications from makers of flavored liquids used in e-cigarettes.
The Supreme Court handed a victory to the Food and Drug Administration on Wednesday, tossing out an appeals court decision that had found the agency acted unlawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes with names like Jimmy the Juice Man Peachy Strawberry, Signature Series Mom’s Pistachio and Suicide Bunny Mother’s Milk and Cookies.
In a unanimous decision written by Justice Samuel A. Alito Jr., the justices upheld an F.D.A. order that prohibited retailers from marketing flavored tobacco products, sending the case back to the U.S. Court of Appeals for the Fifth Circuit.
Justice Alito wrote that the agency’s denials of the applications were “sufficiently consistent” with agency guidance on tobacco regulations. The justices rejected a ruling by the appeals court that the agency had acted arbitrarily and capriciously and had tried to change the rules in the middle of the approval process.
In the opinion, Justice Alito highlighted the possible dangers of the flavored products appealing to middle and high school students, writing that “the kaleidoscope of flavor options adds to the allure of e-cigarettes and has thus contributed to the booming demand for such products among young Americans.”
“Flavors lure kids, which is why Congress gave F.D.A. the authority to make science-based decisions on what is appropriate for our nation’s health,” said Erika Sward, the assistant vice president for nationwide advocacy at the American Lung Association, who applauded the court’s ruling.
The decision comes at a fraught turning point for the agency.
In recent months, leaders celebrated a 10-year low in the percent of adolescents using e-cigarettes. The F.D.A. has attributed the decline to effective messaging targeted at teenagers and to aggressive enforcement against those who market illicit vapes in flavors like Unicorn Shake and watermelon bubble gum.