The Supreme Court is weighing whether the Food and Drug Administration followed the law when it rejected applications for flavored e-cigarettes to be sold in the United States.
Nicotine companies have been fighting the FDA’s decision to ban the sale of flavored e-cigarettes, as they claim that the agency’s standards have been vague and ever-changing. Oral arguments in court today centered around whether flavored vapes are being targeted toward America’s youth.
Terry David Church, a professor at USC’s Mann School of Pharmacy and Pharmaceutical Sciences, believes that the FDA is fair in banning flavored vapes, because these have been shown to appeal to younger audiences.
“I mean, what adult needs to have Swedish Fish as a flavor for a vape product? It really targets a younger audience, and it really exposes them to the potential dangers of not only the vaping, but also of nicotine,” Church said.
The FDA cracked down on flavored vapes following a spike in teen vaping in 2019. Vaping companies pushed back in court, arguing that their sweet tobacco products aren’t advertised for kids, but are meant to help adults quit smoking.
Church says there is not enough data to prove that claim is accurate, and he believes it’s an excuse that nicotine companies are using to keep their profit margin high.
“You’re just basically swapping out one addiction for another,” Church said.
Steven Yale Sussman, a professor at USC’s Keck School of Medicine, wrote in an email that “The problem here are the assumptions that a) vaping helps people quit combustible products, b) vaping is relatively safe, c) sweet flavors will attract persons away from combustible products….”
But he said the literature on this is murky, there are clear health risks, and the flavors appeal to younger users.
Alan Mathios, a professor at Cornell University and an expert on the FDA’s vaping policy, said that according to recent data, the number of youth vaping has significantly decreased.
“I think the evidence is growing that e-cigarettes are likely to have a public health benefit overall, weighing the value to adult smokers compared to the declining number of youth who are using e-cigarettes,” Mathios said.
Even if vape manufacturers lose the case in the Supreme Court, they can still reapply for approval with the FDA in a new application.