Justices will decide whether regulators unlawfully rejected nicotine products.
on Monday will examine whether the Food and Drug Administration unlawfully blocked the marketing and sale of more than a million new sweet and candy-flavored nicotine products in recent years.
Two manufacturers of flavored nicotine-laced e-liquids such as "Jimmy the Juice Man Peachy Strawberry" and "Iced Pineapple Express" sued the FDA after their product applications were rejected, alleging regulators imposed unclear and unreasonable requirements to win approval. Since 2009, when Congress passed legislation aimed at curbing tobacco use among young people, the government has almost universally denied tobacco company requests to sell flavored nicotine e-liquids, citing risks of addiction among minors.
"If you ask adults who smoke if they were to switch to e-cigarettes what kind of flavors are they interested in, the majority of responses are tobacco flavor. If you ask kids, they like the fruit or candy flavor," said Caroline Cecot, an administrative law expert at George Washington University Law School. "This was a big part of what the FDA was sort of thinking about. And we have this evidence.
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