FDA Efforts to Curb Flavored Vapes Draw Supreme Court Review

July 2, 2024, 1:32 PM UTC

The US Supreme Court said it will hear a Biden administration appeal that aims to reinforce the Food and Drug Administration’s power to bar flavored vaping products it concludes are likely to appeal to children.

The justices will review a federal appeals court decision that said the FDA acted in an “arbitrary and capricious” manner when it rejected applications from two companies seeking to sell e-liquids in such flavors as “Suicide Bunny Mother’s Milk and Cookies” and “Killer Kustard Blueberry.”

The case will test the FDA’s ability to prohibit tobacco products that could be harmful. The agency has denied millions ...

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