Summary
The Supreme Court is reviewing whether the FDA unlawfully blocked over a million kid-friendly flavored vape products, which critics say fuel youth nicotine addiction.
Despite FDA bans, flavors like fruit and candy dominate illicit vape sales, with 1.6 million minors using such products.
Vape companies argue flavored e-liquids help adult smokers quit, but the FDA counters that their evidence is insufficient to outweigh youth addiction risks.
A lower court sided with the companies, and the Supreme Court’s ruling, expected by June 2025, could reshape vaping regulations.
That’s because they’re labeling vapes as a tobacco product, which it isn’t.
You wouldn’t call a red bull a coffee product because coffee contains caffeine.