The rules of the Supreme Court against manufacturers of popular flavored vapes with adolescents

Wednesday, the Supreme Court presented a victory at the Food and Drug Administration, throwing a decision of the Court of Appeal which had found that the agency had acted illegally to reject the applications of two manufacturers of flavored liquids used in electronic cigarettes with names like Jimmy The Juice Man Preachberry, the fisher of signatures, the pistas series Mother’s Milk and Cookies.

In a unanimous decision written by judge Samuel A. Alito Jr., the judges have left, for the moment, an order of the FDA which prohibited retailers from marketing flavored tobacco products, referring the case to the American Court of Appeal for the fifth circuit for a more in -depth exam.

Judge Alito wrote that the agency’s refusals on requests were mostly “sufficiently consistent” with the agency’s directives on tobacco regulations. The judges rejected a decision of the Court of Appeal according to which the agency had acted in a arbitrary and capricious manner and had tried to modify the rules in the middle of the approval process.

In the opinion, judge Alito stressed the possible dangers of attractive flavored products for college and high school students, writing that “the kaleidoscope of flavor options adds to the appeal of electronic cigarettes and has thus contributed to booming demand for such products in young Americans.”

“The flavors attract children, which is why Congress gave the FDA the authority to make scientific decisions on what is suitable for the health of our country,” said Erika Sward, assistant vice-president of the national scale at the American Lung Association, who applauded the court’s decision.

Tony Abboud, Executive Director of the Vapor Technology Association, a commercial group, said in a statement that he was “deeply disappointed” by the decision.