During oral arguments, the majority of Supreme Court justices seemed unconvinced that the FDA changed its approval standards mid-process, despite claims by two companies. Justice Brett Kavanaugh showed sympathy towards the FDA, but other conservative justices were more skeptical, questioning the fairness of the agency's requirements for vape approvals.
During the oral argument, a majority of the nine justices appeared unconvinced that the agency had changed its standard for evaluating whether to approval products in the middle of the proceeding, as two companies argue.The court has a 6-3 conservative majority that is often skeptical of federal agency decision-making.But in a positive sign for the FDA , a key member of the conservative wing, Justice Brett Kavanaugh , seemed sympathetic to the agency's position.
The case focuses on challenges brought by Triton Distribution, which makes e-liquids for vape pens with colorfully named flavors, including Signature Series Mom’s Pistachio and Suicide Bunny Mother’s Milk and Cookies, and Vapestasia, which has sought approval for Iced Pineapple Express, Killer Kustard Blueberry and other flavors.
Kavanaugh pushed back, saying the FDA's position on the issue was clear from the outset, with a focus on the harm to young people of flavored vape products. She added that applicants know very well that the FDA believes that flavored vapes are especially appealing to children and that they would need to overcome that presumption in their submissions.
Conservative Justice Clarence Thomas was among those who expressed concern about the FDA's actions, characterizing the standard for approval as a"moving target."
FDA Vape Approval Supreme Court Justice Brett Kavanaugh Tobacco Products E-Cigarettes
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
FDA battles vaping industry at the Supreme CourtThe justices will hear arguments about the FDA's rejection of some e-cigarettes. High schoolers are at the center of the case.
Read more »
Supreme Court hears fight over FDA's refusal to approve flavored vapesLawrence Hurley is a senior Supreme Court reporter for NBC News.
Read more »
Supreme Court weighs FDA block on kid-friendly flavored vapesJustices will decide whether regulators unlawfully rejected nicotine products.
Read more »
Supreme Court weighs FDA's power to prohibit new vaping products for teensSupreme Court hears arguments over the power of the Food and Drug Administration to prohibit the sale of candy-colored vaping products aimed at teenagers.
Read more »
US Supreme Court Examines FDA Denial Of Flavored Vape ProductsThe U.S. Supreme Court began hearing arguments on Monday in the U.S. Food and Drug Administration's defense of the agency's refusal to let two e-cigarette companies sell...
Read more »
FDA to ask Supreme Court to uphold ban on sweet, flavored vapesToday's Video Headlines: 11/28/24
Read more »