LANSING, Mich. (Michigan News Source) — Sweet vape flavors like “Peachy Strawberry” may soon be harder to come by in Michigan, after a U.S. Supreme Court decision tightened federal oversight on flavored nicotine products.
In a unanimous decision issued April 2, the U.S. Supreme Court upheld the Food and Drug Administration’s authority to block the sale of certain sweet-flavored e-cigarette products. The case centered on Triton Distribution, a Texas-based company behind blends like “Peachy Strawberry” and “Mother’s Milk and Cookies.”
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The decision reverses a prior ruling from the conservative 5th Circuit Court of Appeals, which had found that the FDA acted improperly when it rejected Triton’s application, according to the Associated Press. At issue was the agency’s assessment that Triton had not provided sufficient evidence to show its flavored vapes offered more benefit than harm—particularly in relation to youth addiction.
The court, however, also left the door open for Triton to push forward. Justice Samuel Alito wrote that the FDA failed to review the company’s submitted marketing plan—a detail the agency originally said would factor into its review.
The case now returns to the lower court to determine whether that omission could impact the final decision.
Since 2021, the FDA has denied marketing authorization for more than one million flavored vaping products, citing concerns about their appeal to minors. So far, only a small number of tobacco and menthol-flavored e-cigarettes have cleared the agency’s standards for adult use.