(J. Scott Applewhite/AP FILE)
By Devin Dwyer, ABC News
A unanimous Supreme Court on Wednesday backed the Food and Drug Administration’s refusal to authorize the sale of kid-friendly flavored e-cigarettes and vapes, including the flavors “Killer Kustard Blueberry,” “Rainbow Road,” and “Pineapple Express.”
Justice Samuel Alito, in his opinion for the court, rejected the manufacturers’ claims that the agency had acted arbitrarily and capriciously in violation of federal law by changing the requirements for product approval in the middle of the process.
“In the end, we cannot say that the FDA improperly changed its position with respect to scientific evidence, comparative efficacy, or device type,” Alito wrote. He returned the case to a lower court for further review.
The ruling effectively holds the line on the government’s decision to severely limit the number of flavored tobacco products legally available in the U.S. market out of concerns over the impact on children.
Kid-friendly flavors, such as fruit, candy, mint, menthol and desserts — which are largely not approved by the FDA and are currently sold on store shelves illegally — have been fueling an explosion in retail sales of e-cigarettes.
