Supreme Court refuses to hear case on flavored e-cigarettes

Oct. 10 (UPI) -- The U.S. Supreme Court declined Tuesday to hear arguments against the Food and Drug Administration's recent dismissal of attempts to get various electronic cigarettes on the market.

The denial order comes in one of several cases questioning the FDA's oversight of the vaping industry.

The case is connected to the FDA's 2021 determination to deny all of Avail Vapor's requests to approve fruit and dessert-flavored e-cigarettes. The company claimed that the agency made the application process intentionally difficult, which led to mass denials of new product submissions.

In a Supreme Court brief filed Aug. 3, the company claimed the FDA failed to inform companies of a change in policy that would only allow for approval if the applications included data from studies conducted over time comparing the effectiveness of the multi-flavored products to that of tobacco flavored ones as an aid in adult smoking cessation.

The court's refusal to consider Avail Vapor's arguments on the matter comes as the FDA intensifies efforts to regulate flavored devices.

On May 12, the FDA issued denial orders to 10 other companies that collectively produce and promote about 6,500 flavored e-liquid and e-cigarette products.

The agency said the companies did not provide sufficient evidence to show that "permitting the marketing of these products would be appropriate for the protection of the public health."

Flavors of some of the products denied include menthol, strawberry cheesecake and cool mint.

The FDA conducted a 2022 study of e-cigarette use among middle and high-school students, finding that among the students using the devices, 84.9% used flavored e-cigarettes with flavors other than tobacco.