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, 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.
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