The US Supreme Court is set to hear a critical case regarding the FDA’s regulation of flavored e-cigarettes on Monday, with significant implications for youth health and industry practices.

E-cigarette manufacturers Triton Distribution and Vapetasia argue that the FDA’s rejection of their flavored products is unjustified and procedurally flawed, despite concerns that these flavors appeal to minors. The agency counters by arguing that flavored vape products led to an epidemic of youth nicotine addiction in 2019.

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The Supreme Court’s decision could either uphold the FDA’s authority to restrict flavored products or allow greater market access for e-cigarettes, complicating efforts to curb youth addiction. Earlier this year, Senator Chuck Schumer called for a similar federal crackdown on ZYN nicotine pouches, another product that has seen increased popularity with young consumers.

This case follows a surge in youth vaping, with reports indicating that nearly 30% of South African high school learners have vaped, highlighting a global issue. In South Africa, a new Tobacco Products and Electronic Delivery Systems Control Bill aims to address rising health risks associated with vaping, proposing stricter regulations that the tobacco and vaping industries argue could harm businesses.

As the vaping landscape evolves, advocates and industry players remain divided on the balance between public health and consumer choice.

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