The Supreme Court today ruled unanimously that the Food and Drug Administration (FDA) properly rejected applications from two manufacturers of e-cigarette liquids to market fruit- and dessert-flavored products. Nancy Brown, CEO of the American Heart Association, the world's leading voluntary organization focused on heart and brain health, issued the following statement:
"We strongly agree with the Supreme Court's unanimous decision to affirm the FDA's rejection of applications to market highly appealing and addicting flavors for electronic cigarettes. The court rejected arguments by the e-cigarette manufacturers that FDA had not adequately informed companies of or changed the type of evidence they would need to prove their products were 'appropriate for the protection of public health.' The court reaffirmed that the process the FDA uses to evaluate tobacco product applications and reach its decisions is sound.
"Fruit-, candy- and dessert-flavored liquids have been repeatedly shown to appeal to youth and young adults, trapping them early in a cycle of nicotine addiction. Findings from the 2024 National Youth Tobacco Survey show that an alarming 87.6% of students who use e-cigarettes prefer flavored products. In 2022, the American Heart Association conducted an expert analysis of current research, revealing that e-cigarette users face heightened risks for severe respiratory health issues, including chronic wheezing and cough, a higher prevalence of asthma, increased vulnerability to pulmonary infections, and a greater incidence of respiratory diseases.
"The Supreme Court's decisive action is a crucial step toward preventing young people from using these products and protecting public health. We support continued efforts to restrict the sale of all flavored tobacco products to achieve the tobacco endgame and safeguard future generations from the harms of nicotine addiction."
