Supreme Court Urged to Overturn Triton Ruling

Ten U.S. public health medical and community organizations have filed an amicus brief supporting the Food and Drug Administration in asking the U.S. Supreme Court to overturn a recent Fifth Circuit Court of Appeals decision forcing the FDA to reconsider several marketing denying orders (MDOs) issued vaping companies.

In their brief, the groups explain why they believe that allowing the decision in Food and Drug Administration v. Wages and White Lion Investments, LLC, d/b/a Triton Distribution to stand would undermine the FDA’s ability to protect young people from the health harms of flavored e-cigarettes.

In September 2020, the FDA denied Triton’s applications for approval of a variety of flavored e-liquids for use in e-cigarettes. Triton appealed to the Fifth Circuit, which struck down the FDA’s marketing denial orders. In July, the Supreme Court agreed to hear the FDA’s appeal of that decision.

According to amici, “E-cigarettes pose unique health risks for youth, as adolescent brains are more susceptible to nicotine’s effects due to ongoing neural development” and “[t]he tobacco industry has long known that flavors are important to its ability to successfully market its products to young people.”

The groups argue that, contrary to the vaping companies’ protestations, the FDA’s decision to issue MDOs in this case was not arbitrary or capricious, because the applicants did not present evidence that their products would benefit the public health

The brief cites notes that over 2.1 million U.S. youth, including 10 percent of high schoolers, reported current e-cigarette use in 2023, and nearly 30 percent of high school users reported daily use.

The brief was submitted by the American Academy of Family Physicians, the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the American Medical Association, the American Thoracic Society, the Campaign for Tobacco-Free Kids, the Louisiana State Medical Society, Parents Against Vaping E-cigarettes and the  Truth Initiative.