A pedestrian passes a tobacco and vaping store in Washington, D.C. (2020). The U.S. Supreme Court on Wednesday upheld an FDA decision that rejected a series of applications to market fruit-flavored liquid vapes, which health officials contend are more addicting for young people. File Photo by Erik S. Lesser/EPA-EFE UPI The U.S. Supreme Court (seen in 2022) on Wednesday upheld an FDA decision which rejected a series of applications to market fruit-flavored liquid vapes which health officials argue gets younger people addicted. File Photo by Fred Schilling/UPI UPI "One nearly decade-old estimate found that there were 7,700 unique e-liquid flavors, including not only flavors that were familiar to cigarette smokers (tobacco and menthol) but also fruit, candy, and dessert flavors that were appealing to nonsmokers," U.S. Supreme Court Justice Samuel Alito (seen in 2022) wrote in the court’s unanimous opinion. File Photo by Eric Lee/UPI UPI

April 2 (UPI) -- The U.S. Supreme Court on Wednesday upheld an FDA decision that rejected a series of applications to market fruit-flavored liquid vapes, which health officials contend are more addicting for young people.

"One nearly decade-old estimate found that there were 7,700 unique e-liquid flavors, including not only flavors that were familiar to cigarette smokers (tobacco and menthol) but also fruit, candy and dessert flavors that were appealing to nonsmokers," Justice Samuel Alito wrote in the court's unanimous opinion.

The American Lung Association says the decision by the nation's high court underscores "how important FDA's oversight of tobacco products is in protecting our nation's kids from the tobacco industry and their deadly products."

...

Alito wrote for the justices that the FDA's initial rejections were "sufficiently consistent" with federal guidance given to tobacco companies seeking approval.

"The kaleidoscope of flavor options adds to the allure of e-cigarettes and has thus contributed to the booming demand for such products among young Americans," he continued.

It follows a previous FDA appeal to a lower-court ruling that said the FDA unfairly shifted its guidance in approval.

"Flavors lure kids, which is why Congress gave FDA the authority to make science-based decisions on what is appropriate for our nation's health," Erika Sward, the ALA's assistant VP for nationwide advocacy, said Wednesday in a statement.

According to researchers, teens who turn to vapes report anxiety, depression and scores of other health factors like hearth rhythm issues and higher risk of cardiac arrest.

The FDA in recent years has aggressively moved to regulate vape products.

"The public should really be outraged by these products," Mitch Zeller, director of the FDA's Center for Tobacco Products, said in 2020 as the agency took action to warn U.S. vape manufacturers to stop targeting youth.

In 2019, New York City became the first major municipality in the United States to prohibit the sale of flavored electronic cigarettes.

On Wednesday, Sward pointed to how it was "ironic" the ruling arrived one day after the U.S. Department of Health and Human Services "gutted" key leadership roles at the Center for Tobacco Products amid a growing discontentment with the leadership style of HHS Secretary Robert F. Kennedy Jr.

...

That arrived on top of the announcement days ago HHS will undergo a "dramatic restructuring in accordance" with recent executive orders by President Donald Trump as the department moves to cut some 10,000 federal employees in what has been a dramatic gutting of the federal bureaucracy lead by White House adviser Elon Musk and the Department of Government Efficiency.