WASHINGTON, D.C. – Today, the U.S. Supreme Court ruled unanimously that the Food and Drug Administration (FDA) followed the law in issuing marketing denial orders (MDOs) for certain flavored e-cigarette products. The ruling reverses a decision by the U.S. Court of the Appeals for the Fifth Circuit that had struck down the MDOs.
The American Cancer Society Cancer Action Network (ACS CAN) had joined with 10 other leading medical, public health and community organizations in filing an amicus brief with the Court that urged the justices to reverse the lower court’s decision.
“Today’s Supreme Court ruling upholding the FDA’s decision to keep flavored e-cigarette products, like Jimmy the Juiceman Peachy Strawberry, off the market is a huge victory for public health and a crucial step in protecting youth from the predatory tactics of the tobacco industry,” said Lisa Lacasse, president of ACS CAN. “Flavored e-cigarettes are particularly appealing to young people, often masking the harshness of nicotine and making it easier for youth to become addicted. By curbing the availability of these products, the ruling helps disrupt the pipeline that the tobacco industry relies upon to hook a new generation on their dangerous products.”
