WASHINGTON — The Supreme Court on Monday was divided over whether the Food and Drug Administration had unlawfully rejected millions of flavored e-cigarettes for approved sale in U.S. over concerns about nicotine addiction among young people.
During oral arguments in a case that could have a significant impact on public health, the justices grappled with tobacco industry claims that the government had given unclear and shifting requirements for new product applications and failed to provide proper notice to the companies.
“FDA switched its position on what studies were required” to show that the products have benefits to existing smokers that offset risks to youth, argued Eric Heyer, the attorney representing vape manufacturers Triton Distribution and Vapetasia, which are seeking a green light to market e-liquids such as “Jimmy the Juice Man Peachy Strawberry” and …