OHIO — Last week, the U.S. Supreme Court heard from both sides of the case surrounding flavor vape products that regulators consider a health risk to minors.

What You Need To Know

  • The FDA released a report October showing more than eight out of 10 current, middle and high e-cigarette users, used flavored e-cigarettes 
  • Companies allege the FDA changed the requirements to introduce new vaping products
  • Federal law says companies must say how their new product prevents smoking 
  • Experts say with a new administration in Washington, requirements for companies introducing new products could change

Spectrum News 1 Legal Analyst, Rory Riley-Topping, said the problem at center is an issue with the 2009 law called the Family Smoking Prevention and Tobacco Control Act. It says that if a company is introducing a new product; it has to show how it will help people stop smoking and prevent them from starting.

“The FDA denied the application of several vaping companies to introduce new flavored products onto the market. The companies are alleging that the FDA changed the requirements… and that they couldn’t have foreseen what was required of them to get these products approved,” said Riley-Topping.

The FDA said the regulations are clear and the companies objecting didn’t meet the standards.

“Trump has said, and I quote, ‘I’m going to save flavored vaping,’” Riley-Topping said.

She said it means Americans could see changes coming to regulations that require companies to get new products to market.

“I think it’s important to note, as of right now, the FDA has approved some flavors, but they tend to be tobacco or menthol, things that have a demonstrable effect of getting people to stop smoking as opposed to these fruit flavors, which tend to have younger people to start,” she said.

While some justices seemed to be skeptical about what they heard this past week, Riley-Topping said it’s not clear if all the justices will agree with one another in their final decision.