Supreme Court will hear case on sweet vape ban

The U.S. Supreme Court has decided to hear a case regarding the ban that has been placed on certain vaping products. 

The justices, according to the Associated Press, will hear the case this upcoming week.

On one side of the case will be the U.S. Food and Drug Administration (FDA), which will be asking the justices to uphold the bad. On the other side of the case will be vaping companies, which would like to see the ban removed.

At the moment, there is no telling which way the case will go. The situation could also be affected by the incoming Trump administration.

Background

The case has to do with the government's crackdown on sweet-flavored vaping products. The purpose of the crackdown was to cut back on nicotine addiction among teenagers.

The FDA, according to the New York Post, believes that this ban has been successful.

Per the outlet:

The Food and Drug Administration has denied more than a million marketing applications for candy- or fruit-flavored products that appeal to kids, part of a wider crackdown that advocates say helped drive down teen vaping after an “epidemic level” surge in 2019.

Even though these products are banned, they are still widely available.

The Associated Press explains:

The FDA was slow to regulate the now multibillion-dollar vaping market, and even years into the crackdown flavored vapes that are technically illegal nevertheless remain widely available. The agency has approved some tobacco-flavored vapes, and recently allowed its first menthol-flavored electronic cigarettes for adult smokers.

Looking forward

Companies that produce vaping products, however, would like to see the ban lifted.

The argument of the vaping companies is that these particular products can help adults to quit smoking. They further argue that this effect can be achieved without hurting kids.

"Vaping companies, though, said the agency unfairly disregarded arguments that their sweet e-liquid products would help adults quit smoking traditional cigarettes without putting kids at greater risk," the Associated Press reports.

The justices of the U.S. Supreme Court will hear oral arguments in the case on Monday, Dec. 2, 2024. Currently, the vaping companies have the upper hand in the case after the 5th US Circuit Court of Appeals ruled in their favor.

Until the justices actually hear the oral arguments, there is no real telling how they will decide. The Supreme Court does have a conservative majority, just as the 5th Circuit does, but that does not necessarily mean both courts will rule the same way.