The US Supreme Court will review a Biden administration appeal aimed at reinforcing the Food and Drug Administration’s (FDA) regulatory authority to ban flavored vaping products, especially those deemed likely to appeal to minors. The appeal comes in response to a ruling from a federal appeals court, which found the FDA had acted in an “arbitrary and capricious” manner when it rejected applications from two companies to sell e-liquids with flavors such as “Suicide Bunny Mother’s Milk and Cookies” and “Killer Kustard Blueberry.”
This case will serve as a crucial test for the FDA’s capability to prohibit tobacco products that could pose harm, particularly to younger demographics. The agency has already denied applications for millions of similar products, arguing that the flavors and marketing strategies are targeted at children.
For further details and to read the original source, please visit the Bloomberg Law article.