John,

We just learned that the U.S. Supreme Court will now decide whether kid-friendly flavored e-cigarettes can stay on the market, and we will be going toe-to-toe against their shameless manufacturers in the highest court in the land.

LEARN MORE: [link removed]

WHAT HAPPENED

First, the FDA ordered e-cigarette manufacturer Triton Distribution to stop marketing products with flavors that are obviously meant to appeal to kids – and rightly so. We're talking about egregious flavors like “Jimmy the Juice Man Peachy Strawberry,” “Suicide Bunny Mother’s Milk and Cookies” and "Killer Kustard Blueberry.”

Then, Triton filed a lawsuit against the FDA in the Fifth Circuit Court of Appeals, known for decisions that aren't friendly to public health. The Campaign for Tobacco-Free Kids helped the FDA fight Triton in court. Sadly, the Fifth Circuit sided with Triton. This decision is in direct conflict with the decisions of seven other federal courts of appeals that have upheld FDA marketing denial orders for flavored e-cigarettes.

Now, the Supreme Court is taking up the case, as our amicus brief [[link removed]], joined by eight other national public health groups, had urged the Court to do.

WHAT'S NEXT

In the coming months, we'll be working to ensure the Supreme Court overturns the Fifth Circuit's misguided decision. If left to stand, it would cause significant harm to public health, and it would undermine the FDA’s efforts to protect children from nicotine-loaded, candy-flavored e-cigarettes.

We will not end the youth e-cigarette crisis if flavors like peachy strawberry and milk and cookies are allowed to remain on the market.

Donate today to support our work fighting shameless e-cigarette companies in court: [link removed]

Thanks for standing with us,

Denny Henigan
Vice President, Legal and Regulatory Affairs

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1400 I St NW, Ste 1200
Washington, District of Columbia xxxxxx
202-296-5469 | [email protected]

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