This week, the U.S. Supreme Court unanimously rejected a challenge from e-cigarette manufacturers alleging that the U.S. Food and Drug Administration (FDA) had wrongly blocked them from selling sweet-flavored e-cigarettes. In doing so, the Court affirmed that the FDA did not unfairly change the criteria it used to evaluate these products.
The Court’s opinion in FDA v. Wages and White Lion Investments, LLC, referenced the amicus brief that Global Action to End Smoking filed in September. Of the 14 amicus briefs submitted in this case, including those from members of Congress, state attorneys general, and public health organizations, Global Action’s was the only one relied on in the Court’s opinion. Specifically, the Court cited Global Action’s explanation of the relative risks of combustible cigarettes and e-cigarettes, as well as the scientific literature it gathered on the topic.
Global Action’s amicus brief was the only brief filed in support of neither party, but rather in the interest of promoting public health by supplying the Court with objective, scientific information. The brief also clarified that the FDA must properly implement the requirements of the Family Smoking Prevention and Tobacco Control Act in regulating e-cigarettes. Proper regulation should ensure that adults who smoke have access to scientifically proven tools to reduce their risk of illness and early death while protecting youth from becoming addicted to nicotine.
We are proud to have contributed to this decision in support of Global Action’s mission: saving lives by improving public understanding of nicotine and the relative risks of different tobacco and nicotine products among the public, health professionals, and other stakeholders.