Supreme Court to weigh whether regulators were heavy handed with flavored e-cigarette products

took up an e-cigarette case Tuesday, weighing Food and Drug Administration decisions blocking the marketing of sweet flavored products amid a surge in

The agency says the sweet flavored e-liquids pose a “serious, well-documented risk" of enticing more young people to pick up a nicotine habit. In 2020, nearly 20% of high school students and almost 5% of middle-school students used e-cigarettes, and almost all of those kids used flavored products, the agency said in court documents.The agency says companies were blocked because they couldn't show the possible benefits for adult smokers outweighed the risk of underage use.

The 5th Circuit found the agency was unfair because it required the companies, without warning, to present studies showing that flavored products would help with smoking cessation.Other appeals courts have sided with the FDA, which regulates new tobacco products under a 2009 law aimed at curbing youth tobacco use.

Youth vaping has declined from all-time highs in recent years, but 2.8 million middle and high school students still use it, according to federal survey data.

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