Supreme Court weighs FDA’s power to prohibit new vaping products for teens
WASHINGTON — The Supreme Court on Monday did not sound ready to sharply limit the power of the Food and Drug Administration to prohibit the sale of new candy-colored vaping products aimed at teenagers. Instead, the justices, both conservative and liberal, said Congress in 2009 gave the agency the power to stop the sale of new tobacco products, and it has used this authority in recent years to reject new vaping flavors with names like “Rainbow Road” and “Peachy Strawberry.” This is exactly the kind of regulatory question that companies hope to get before the conservative Supreme Court, but it was not clear they will win this time. Justice Brett M. Kavanaugh questioned the vaping industry’s claim of FDA overregulation, saying its objection rests with the law itself. “You disagree with the statute giving this authority to FDA,” he told an attorney for two companies whose products were denied approval. Justice Elena Kagan agreed. “Everyone knows these flavors are particularly dangerous in terms of kids starting the use of smoking product,” she said. “The FDA has been upfront about this. There is not a lot of