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US Supreme Court backs FDA’s rejection of fruit-flavoured vape liquids

Christopher Oldcorn

United States Supreme Court ruled unanimously on Wednesday that the Food and Drug Administration (FDA) acted properly when it rejected applications to market fruit and dessert flavoured vaping liquids. 

In its decision, the court emphasized the risk these products pose to young people, who may become addicted to nicotine.

The lawsuit began after two companies claimed the FDA had unfairly shifted its standards for approving flavoured vaping liquids while reviewing their applications. 

Lower-court decisions had favoured the companies, but Wednesday’s ruling upheld the agency’s authority to deny the requests.

Survey data presented during the appeal revealed that fruit, candy, and dessert flavoured products are particularly popular among middle school and high school students. 

Officials worry this popularity could draw youth toward smoking in the long run. 

Over the past few years, the FDA has refused to approve more than one million vaping liquids.

Electronic cigarettes, commonly called vapes, are battery-operated devices that heat nicotine-infused liquids into a vapour. 

Although many health experts regard them as less harmful than traditional cigarettes, they still present safety concerns, especially for teenagers.

Wednesday’s unanimous verdict reinforces the FDA’s position that certain flavoured products are more likely to encourage underage use. 

By supporting the FDA’s decision, the Supreme Court has closed the door on marketing fruit flavoured vape liquids aimed at young consumers.