The case comes after the Food and Drug Administration (FDA) blocked more than a million marketing applications for vapes-flavors like 'Jimmy the Juice Man Peachy Strawberry', 'Killer Kustard', and 'Iced Pineapple Express'-that appealed to teen users.
Teen vaping rates fell significantly in recent years, down to under 6% in September 2024 from 7.7% in 2023, a substantial drop from 25% in 2019.
Marketing harmful products to teens is not only questionable but often illegal, as outlined in the Tobacco Control Act, leading to tighter restrictions on flavored products to curb appeal to minors.
While most lower courts sided with the FDA's ban on flavored e-cigarettes, the conservative 5th U.S. Circuit Court of Appeals has challenged the FDA's authority.
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