The Supreme Court has agreed to review a case challenging the FDA’s refusal to approve flavored e-cigarettes that are popular among teens. E-cigarette makers have been challenging the FDA’s decisions in court, with the 5th U.S. Circuit Court of Appeals ruling in favor of two companies seeking approval for their products. The companies argue that their flavored vapes can help adults quit smoking, while the FDA is concerned about the potential health risks for young people. The FDA has approved menthol-flavored e-cigarettes and other products, but has consistently declined to approve flavored vapes. The agency recently rescinded its ban on Juul selling its vape products, amid ongoing concerns about teen nicotine use. The case before the Supreme Court raises questions about the FDA’s regulatory role in approving new nicotine products as the market continues to grow.
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