The Chamber of Deputies in Paraguay has decided to partially uphold its original version of a bill aimed at regulating electronic nicotine delivery systems (ENDS) and similar devices. The decision comes amidst growing concerns about the health risks associated with vaping, particularly among young people who may be unaware of the long-term effects.
Read moreTag Archive for: Vape Regulation
The regulation of electronic cigarettes in Brazil was the focus of a debate during E-Mundi (World Press Meeting) held at BAT Brazil Labs in Cachoeirinha, Rio Grande do Sul. Despite a ban on vapes in the country since 2009, approximately 3 million Brazilians use illegal electronic cigarettes containing harmful substances, with nearly 30% of adolescents having tried them, attracted by added flavors.
Read moreSpain is currently facing a significant public health challenge with a smoking prevalence of 24%, one of the highest rates in Western Europe. In an effort to address this issue, the Spanish Ministry of Health has recently proposed a draft decree that includes strict regulations on vaping products and nicotine pouches. However, many experts argue that this approach is misguided and may ultimately undermine public health objectives while protecting the cigarette market.
Read moreIn a recent announcement dated March 10, General Permpoon Chidchob, Thailand’s Minister of Education, outlined a set of measures designed to control the growing problem of e-cigarette use, particularly among students and young people. This move comes in response to the Cabinet’s approval of a proposal from the Prime Minister on April 9, 2024, which called for a collaborative effort between various ministries and agencies to prevent access to and use of e-cigarettes in educational institutions at all levels.
Read moreAs we enter the year 2025, the e-cigarette market in the United States has undergone significant changes in terms of regulations, taxes, and sales policies. Each state has adopted its own unique approach to managing e-cigarettes, ranging from strict prohibitions to relatively lenient oversight. These varying policies have had a profound impact on the development of the e-cigarette industry in different regions. In this article, we will take an in-depth look at the latest e-cigarette policies across the United States, categorized by policy type.
Read moreKentucky is on the verge of introducing new regulations for businesses selling tobacco, nicotine, and vape products, as Senate Bill 100 is expected to emerge from the House Committee this week. The proposed legislation aims to implement a licensing requirement for retailers and enforce harsher penalties for those caught selling these products to individuals under the age of 21.
Read moreThe Department of Trade and Industry (DTI) in the Philippines has announced a new set of rules and requirements aimed at combating the illegal trade of vape products, ensuring consumer safety, and streamlining import procedures. The agency is seeking public and stakeholder input on the draft Department Administrative Order (DAO), which amends the documentary requirements for obtaining a Statement of Confirmation (SOC) for product importers.
Read moreGeorgia lawmakers are grappling with a proposed bill aimed at regulating the vaping industry, with a focus on protecting youth from unregulated products. House Bill 577, discussed by the Ways & Means Subcommittee on March 3, 2025, seeks to establish a state-level registry for legal vaping products, particularly targeting those originating from overseas.
Read moreSouth Carolina lawmakers have introduced a bill that would regulate vape products sold within the state, requiring all items to be registered in a state-approved directory. The proposed legislation aims to enhance consumer safety by ensuring that only FDA-authorized products meeting specific labeling and packaging standards, and avoiding banned substances, are available for purchase.
Read moreKey Takeaways
- The Supreme Court heard arguments on Monday regarding the FDA’s power to prohibit the sale of new candy-colored vaping products targeting teenagers.
- Most justices, both conservative and liberal, indicated that Congress granted the FDA authority in 2009 to prevent the sale of new tobacco products, which the agency has recently used to reject new vaping flavors appealing to youth.
- The vaping industry argued that the FDA overregulated and surprised companies by demanding new studies proving their products would persuade adult smokers to switch to e-cigarettes. However, several justices questioned this claim.
Background
In recent years, the FDA has used its authority to reject the sale of new vaping products with flavors like “Rainbow Road” and “Peachy Strawberry,” which are seen as particularly appealing to teenagers. The agency aims to balance persuading adult smokers to quit by switching to e-cigarettes while preventing millions of teenagers from starting to use nicotine products.
Supreme Court Arguments
During Monday’s Supreme Court hearing, most justices seemed to lean in favor of the FDA’s view. Justice Brett M. Kavanaugh questioned the vaping industry’s claim of FDA overregulation, suggesting that their objection lies with the law itself granting the agency discretion. Justice Elena Kagan agreed, stating that the dangers of these flavors for kids starting to use smoking products are well-known and the FDA has been transparent about this issue.
The Biden administration defended the FDA’s position, with Justice Sonia Sotomayor emphasizing that the statute is clear in requiring companies to demonstrate their product will help adults stop smoking cigarettes while not encouraging youth to start.
However, some conservative justices voiced support for the industry. Justice Clarence Thomas said the FDA’s regulations set a “moving target,” while Justices Samuel A. Alito Jr. and Neil M. Gorsuch expressed similar skepticism.
Potential Impact and Future Developments
It remains unclear if the court’s ruling in the coming months will settle the controversy. The attorney for the vaping companies pointed to the incoming administration of President-elect Donald Trump, who has stated his intention to “save flavored vapes,” adding uncertainty to the FDA’s future approach.
Justice Kavanaugh noted that the companies will be free to reapply for approval. Additionally, the practical impact of the FDA’s disapproval is questionable, as many unapproved e-cigarette flavors remain widely available.
Conclusion
The Supreme Court’s decision in this case will have significant implications for the FDA’s ability to regulate new vaping products and protect public health, particularly among teenagers. While the justices’ questions during the hearing seemed to favor the FDA’s position, the final ruling and its consequences remain to be seen. Businesses in the vaping industry and public health advocates alike will be closely watching the outcome of this case.
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