The Supreme Court will decide if the FDA unlawfully blocked the sale of sweet-flavored e-cigarettes, fueling growth in a market illegal for youth appeal.
Companies like Triton and Vapetasia argue that while flavors appeal to youth, they are essential for helping adult smokers transition from combustible cigarettes to vaping.
A federal appeals court previously sided with flavor manufacturers, stating the FDA had acted arbitrarily, potentially reshaping the landscape of flavored nicotine product marketing.
Despite vaping among youth declining, over 1.6 million children still use e-cigarettes, with almost 90% consuming illicit flavored products not approved by the FDA.
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