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.
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