John,

We’re at a critical moment in the battle to eliminate the flavored e-cigarettes that are addicting our kids. In its upcoming term, the U.S. Supreme Court will hear FDA v. Triton Distribution – where the Court will decide whether certain kid-friendly flavored e-cigarettes can stay on the market.

Today, we filed our amicus brief [[link removed]] with the Court, joined by ten leading health organizations. We want the Court to fully understand the severity of this youth nicotine addiction crisis and the evidence supporting the elimination of flavored e-cigarettes.

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We need you!

We're fighting shameless e-cigarette companies in the highest court in the land. Help us go toe-to-toe with the industry by becoming a monthly donor today.

DONATE MONTHLY: [link removed]

Your sustained support will help us:

• Work with policymakers and our partners to support the FDA's position in the case
• Rally youth, parents, and other citizens to make sure the Court hears as many concerned voices as possible
• Educate the media and the public on the importance of the case for protecting our kids from flavored e-cigarettes

Help ensure we have the resources to win! [[link removed]]

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BACKGROUND

The FDA ordered e-cigarette manufacturer Triton Distribution to stop selling products with flavors that are obviously meant to appeal to kids – flavors like “Jimmy the Juice Man Peachy Strawberry,” “Suicide Bunny Mother’s Milk and Cookies” and "Killer Kustard Blueberry.”

Triton then 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.

But the Fifth Circuit sided with Triton – a decision in direct conflict with those of seven other federal courts of appeals that have upheld FDA marketing denial orders for flavored e-cigarettes.
Now, we're working to ensure the Supreme Court overturns the Fifth Circuit's misguided decision. If left to stand, it would cause great harm to public health, and it would undermine the FDA’s efforts to protect children from nicotine-loaded, candy-flavored e-cigarettes.

The Supreme Court's next session begins in October. They could hear the case anytime after that, so we have to be ready. We'll keep you posted.

Here's what we know for sure: 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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