Latest news with #JimmytheJuiceManPeachyStrawberry


New York Times
02-04-2025
- Business
- New York Times
Supreme Court Rules Against Makers of Flavored Vapes Popular With Teens
The Supreme Court ruled on Wednesday that the Food and Drug Administration had acted lawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes with names like Jimmy the Juice Man Peachy Strawberry, Signature Series Mom's Pistachio and Suicide Bunny Mother's Milk and Cookies. In a unanimous decision written by Justice Samuel A. Alito Jr., the justices upheld an F.D.A. order that prohibited retailers from marketing flavored tobacco products. The court rejected claims that the agency had unfairly switched its requirements during the application process. Justice Alito wrote that the agency's denials of the applications were 'sufficiently consistent' with agency guidance on tobacco regulations. The justices rejected a ruling by the U.S. Court of Appeals for the Fifth Circuit that the agency had acted arbitrarily and capriciously, finding that the F.D.A. had not tried to change the rules in the middle of the approval process. A 2009 law, the Family Smoking Prevention and Tobacco Control Act, requires makers of new tobacco products to obtain authorization from the F.D.A. According to the law, the manufacturers' applications must demonstrate that their products are 'appropriate for the protection of the public health.' The agency has denied many applications under the law, including the two at issue in the case before the justices, saying the flavored liquids presented a 'known and substantial risk to youth.' The appeals court ruled last year that the agency had changed the rules in the middle of the application process, accusing it of 'regulatory switcheroos' that sent the companies 'on a wild-goose chase.' More formally, the court said the agency's actions had been arbitrary and capricious. In asking the Supreme Court to hear the case, Food and Drug Administration v. Wages and White Lion Investments, No. 23-1038, the agency's lawyers cited another appeals court that had reached the opposite conclusion. The Fifth Circuit's decision 'has far-reaching consequences for public health and threatens to undermine the Tobacco Control Act's central objective of 'ensuring that another generation of Americans does not become addicted to nicotine and tobacco products,'' they wrote, quoting from the other appeals court's decision.


CNN
02-04-2025
- Health
- CNN
Supreme Court backs FDA's denials of flavored vaping products for now
The Supreme Court on Wednesday backed a series of decisions by the US Food and Drug Administration to deny market access for flavored vaping products in a rare win for government regulators that may limit access to those products across the nation, though the justices sent the case back to an appeals court for further review. Though a partial win for the FDA, it remains uncertain whether President Donald Trump's administration will shift gears and free up access to the products. During the campaign, Trump vowed to 'save vaping.' The vaping companies are also entitled to reapply to the FDA for approval of their products. Justice Samuel Alito wrote the opinion for a unanimous court. At issue were a series of FDA denials during the first year of the Biden administration for vaping products that officials said are geared toward minors with flavors like 'Pink Lemonade,' 'Rainbow Road' and 'Jimmy the Juice Man Peachy Strawberry.' Public health advocates have been warning for years about a spike in vaping among young Americans. The FDA reports that 19% of high school students and 4.7% of middle school students vaped in 2020 – a far higher share than students who smoked. This story is breaking and will be updated.


CNN
02-04-2025
- Health
- CNN
Supreme Court backs FDA's denials of flavored vaping products for now
The Supreme Court on Wednesday backed a series of decisions by the US Food and Drug Administration to deny market access for flavored vaping products in a rare win for government regulators that may limit access to those products across the nation, though the justices sent the case back to an appeals court for further review. Though a partial win for the FDA, it remains uncertain whether President Donald Trump's administration will shift gears and free up access to the products. During the campaign, Trump vowed to 'save vaping.' The vaping companies are also entitled to reapply to the FDA for approval of their products. Justice Samuel Alito wrote the opinion for a unanimous court. At issue were a series of FDA denials during the first year of the Biden administration for vaping products that officials said are geared toward minors with flavors like 'Pink Lemonade,' 'Rainbow Road' and 'Jimmy the Juice Man Peachy Strawberry.' Public health advocates have been warning for years about a spike in vaping among young Americans. The FDA reports that 19% of high school students and 4.7% of middle school students vaped in 2020 – a far higher share than students who smoked. This story is breaking and will be updated.