Justices question alleged inconsistencies in the FDA approval process.
The Supreme Court heard arguments this week on the regulation of flavored e-cigarettes, reviewing allegations that the Food and Drug Administration (FDA) inconsistently processed product applications submitted by two e-cigarette companies.
The companies, Vapetasia and White Lion Investment, had submitted dessert-flavored e-cigarettes for FDA approval. The FDA asked the companies to provide studies showing that their products were beneficial for helping smokers quit nicotine use. When the companies submitted the studies, the FDA requested different studies.
While the 5th Circuit Court of Appeals agreed that these alleged inconsistencies showed legal shortcomings in the regulation process, a few Supreme Court justices voiced support for the role the FDA plays in curbing addictive and detrimental substances.
Justice Brett Kavanaugh said, that after the agency reviews an application and rejects it because of the risks to youth, “It’s kind of the end of it, isn’t it?”
Justice Elena Kagan agreed, adding that the FDA is always open for reapplications of specific products. “There’s just not a lot of mystery here about what FDA was doing. You might disagree with that. But you can’t say FDA hasn’t told you all about what it was thinking,” Justice Kagan said.
The FDA has received millions of applications for e-cigarettes, and has only approved 27 of these products for sale in the United States. All but one are tobacco flavored, which American youth are less likely to use.
As the Lord Leads, Pray with Us…
- For the Supreme Court justices as they hear and consider challenges to federal agencies’ actions and decisions.
- For federal judges at the district and appellate levels to be discerning in their rulings.
Sources: The Hill, AP News
