Flavor On Trial: Ninth Circuit Backs FDA Ban On Sweet Vapes In Landmark Ruling
The U.S. Court of Appeals for the Ninth Circuit has handed the FDA a massive win, affirming a ban on candy- and fruit-flavored vapes that could rewrite the rules for all flavored consumables.
By Foodie Pundit Newsroom - Published - Updated - Section: Desserts Snacks
Key points
- The Ninth Circuit affirmed the FDA's power to deny marketing applications for flavored vapes based on their 'youth appeal' versus their benefit to adult smokers.
- Drip More LLC failed to provide sufficient evidence that candy and fruit flavors are necessary for public health, setting a high evidentiary bar for the entire industry.
- This ruling signals a broader legal shift toward 'flavor morality' that could eventually impact hard sodas, flavored spirits, and other youth-adjacent food products.
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