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Regulators cracked down on sweet vapes after use by kids spiked. Now the Supreme Court is wading in.

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Regulators cracked down on sweet vapes after use by kids spiked. Now the Supreme Court is wading in.
News

News

Regulators cracked down on sweet vapes after use by kids spiked. Now the Supreme Court is wading in.

2024-11-28 21:19 Last Updated At:21:20

WASHINGTON (AP) — Vaping is coming before the Supreme Court next week as federal regulators ask the high court to uphold its block on sweet, flavored products following a spike in youth e-cigarette use.

The Food and Drug Administration has denied more than a million marketing applications for candy- or fruit-flavored products that appeal to kids, part of a wider crackdown that advocates say helped drive down teen vaping after an “epidemic level” surge in 2019.

Vaping companies, though, said the agency unfairly disregarded arguments that their sweet e-liquid products would help adults quit smoking traditional cigarettes without putting kids at greater risk.

Republican Donald Trump's administration could take a different approach after he vowed in a September social-media post to “save” vaping.

The Supreme Court on Monday is hearing arguments in the FDA’s appeal of a decision from the conservative 5th U.S. Circuit Court of Appeals. While other courts upheld FDA refusals, the appeals court sided with the Dallas-based company Triton Distribution.

It tossed out a decision blocking the marketing of nicotine-laced liquids like “Jimmy The Juice Man in Peachy Strawberry" that are heated by an e-cigarette to create an inhalable aerosol.

Triton said the FDA had unfairly changed its requirements without enough warning.

“It sort of pulls the chair out from the applicants,” said Marc Scheineson, a former FDA associate commissioner and attorney who now represents other small electronic tobacco companies.

The FDA was slow to regulate the now multibillion-dollar vaping market, and even years into the crackdown flavored vapes that are technically illegal nevertheless remain widely available. The agency has approved some tobacco-flavored vapes, and recently allowed its first menthol-flavored electronic cigarettes for adult smokers.

The marketing refusals combined with age-limit enforcement on the federal and state levels have helped drive down youth nicotine use to its lowest level in a decade, said Dennis Henigan, vice president for legal and regulatory affairs at the Campaign for Tobacco-Free Kids.

He says the FDA was clear in its requirements and fears a court decision that leads to wider availability for flavored vape products, which are the dominant choice among the 1.6 million high school students who still vape. “We think that would be a real harm to public health,” Henigan said.

FILE - The Supreme Court is seen in Washington, Nov. 2, 2024. (AP Photo/J. Scott Applewhite, File)

FILE - The Supreme Court is seen in Washington, Nov. 2, 2024. (AP Photo/J. Scott Applewhite, File)

VANCOUVER, British Columbia--(BUSINESS WIRE)--Nov 28, 2024--

As the holiday season draws near and friends and families gather, Purdys Chocolatier is sending a sweet reminder to Canadians: No matter how full you feel after a hearty holiday dinner, there’s always room for Purdys. The Canadian chocolatier is unveiling a heartwarming, yet humorous new commercial, capturing the universal truth of sweet indulgence during the festive season.

This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20241128233812/en/

A Message as Sweet as Chocolate - Watch the commercialhere

In the brand spot, three households celebrate the holidays as many do: decked out in cozy sweaters, festive paper crowns, and surrounded by the people nearest and dearest to them. The commercial transports viewers to nostalgic settings filled with turkey, mashed potatoes, hot pot, and the overwhelming feeling of being pleasantly stuffed and ready for a well-earned nap. The scenes reveal how different people truly believe they’re completely full - until a box of Hedgehogs from Purdys Chocolatier appears on the table.

“It’s a feeling we can all relate to,” explains Julia Cho, Director of Marketing at Purdys Chocolatier. “The moment you see Purdys chocolate, something magical happens and there’s always room for something sweet, even after the most epic holiday meal!”

The commercial ends with mom at the head of the table taking her first bite of a Purdys Hedgehog, reminding viewers of the hilarious yet relatable realization that no one is ever truly too full for dessert. In fact, in a survey recently conducted by Leger, over two-thirds of Canadians agree that they always manage to find room for “something sweet” at the end of a holiday dinner.

“At Purdys Chocolatier, we believe the holidays are about savouring the simple moments that bring us together — and there’s nothing like enjoying a box of Purdys chocolates with your loved ones,” shares Cho.

What to Bring to the Table

This year’s irresistible holiday collection is filled with new chocolates, as well as fan favourites packaged in festive wrapping. Those looking to bring something new to their holiday gatherings can pick up: White Himalayan Pink Salt Caramels, Snowballs, Orange Slices, the Vegan Dark Chocolate Collection, and the Nutty & Chewy Collection. Those looking to bring a classic, yet festive treat can pick up: Hedgehogs, the Festive Wreath Gift Box, Peppermint Bark, and more. To view the entire Purdys Chocolatier Christmas collection, visit https://www.purdys.com/holiday-gift-guide.

The spot will appear on YouTube, Meta, TikTok and a TV campaign across Canada from November 28 until December 23.

Head to www.purdys.com to shop online or visit a Purdys Chocolatier shop near you.

About Purdys Chocolatier

Purdys Chocolatier has been Canada's Chocolatier since 1907. As a proud, family-owned company, they make a wide range of chocolate gifts from premium ingredients and sustainable cocoa. Community and people are at the heart of Purdys Chocolatier, and together with their Purple Partnerships initiative and Seasonal Fundraising Program, they find opportunities to support, advocate and craft more kindness.

For more information about Purdys Chocolatier, visit https://www.purdys.com.

(Photo: Business Wire)

(Photo: Business Wire)

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