 Health Care |
Health Care |
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Justices unconvinced of arguments against FDA's flavored vape ban |
Supreme Court justices appeared unswayed by arguments advanced by companies seeking to overturn the Food and Drug Administration's ban on flavored vapes, which the agency says are too risky for young people. |
The suit filed by Triton and Vapetasia LLC claimed the FDA had essentially moved the goalpost in the midst of its review of the companies' products. These included vapes with names like "Jimmy The Juice Man Strawberry Astronaut" and "Suicide Bunny Mother's Milk and Cookies," coming in flavors of sour grape, pink lemonade and creme brulee. Several lower courts all ruled in favor of the FDA, but the ultra-conservative U.S. Court of Appeals for the 5th Circuit agreed with the plaintiffs, claiming the companies were told the agency required certain studies but then changed its mind and required different studies. Conservative Supreme Court justices on Monday focused in on this same issue, but a majority of the bench was unsympathetic to the argument. Justice Brett Kavanaugh pushed back at the vaping company attorney, joining the liberal justices in noting that the FDA had been clear from the outset it was making decisions based on whether the products appealed to young people. "FDA has been pretty upfront about this," Justice Elena Kagan told the companies' lawyer, Eric Heyer. "There's just not a lot of mystery here about what FDA was doing. You might disagree with that. But you can't say FDA hasn't told you all about what it was thinking," she added. But looming over the case is the future of the FDA's approach to vaping. President-elect Trump has vowed to "save vaping," though his administration in 2020 attempted to restrict flavored vaping products. |
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How policy will be impacting the health care sector this week and beyond: |
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The Supreme Court on Monday heard arguments about the federal regulation of flavored e-cigarettes, in a case pitting the Food and Drug Administration (FDA) against two vaping companies. Justices weighed whether the agency acted lawfully when it denied the applications of the companies to market fruity and dessert-flavored liquids for their electronic nicotine products. FDA deemed the flavors were too appealing to young people … |
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Supreme Court justices grappled Monday with arguments about the Food and Drug Administration's (FDA) regulation of flavored electronic cigarettes — and whether the agency acted unfairly in its decision to bar two companies from marketing their products with flavors the agency deemed were a risk to young people. The justices examined whether the FDA acted in an "arbitrary and capricious" manner when it made the decision … |
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The House Oversight and Accountability Committee's COVID-19 panel issued its final report on Monday ahead of a hearing this week. The report yields five points of bipartisan consensus and seven findings. The report addresses the origins of the virus; U.S. funding for the lab in Wuhan, China, from which the report states the virus almost certainly leaked; mask mandates and lockdowns; Operation Warp Speed’s vaccine development, … |
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Upcoming news themes and events we're watching: |
- The House Select Subcommittee on the Coronavirus Pandemic will hold a markup of its final report on Wednesday.
- The Senate HELP Committee holds a Thursday hearing on FDA and the "diabetes and obesity epidemics."
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Branch out with a different read: |
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Biden decries 'stigma' and 'misinformation' on World AIDS Day |
President Biden called for a fight against "stigma" and "misinformation" on World AIDS Day in remarks at the White House. "We stand united in the fight against this epidemic," Biden said Sunday. "It matters, it matters. … I remember as senator, when this epidemic was raging, the stigma, the misinformation, the government failing to act and acknowledge the dignity of [LGBTQ] lives and the seriousness of the AIDS epidemic." During … |
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Local and state headlines on health care: |
- Who gets obesity drugs covered by health insurance? In North Carolina, it helps if you're on Medicaid (KFF Health News)
- California birth centers are shutting down. A lawmaker has a new plan to help them (Cal Matters)
- Arizona vaccine skeptic Jeff Zink shortlisted for a job under RFK Jr. (Arizona Republic)
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Health news we've flagged from other outlets: |
- Scientists confront a mystery: why have U.S. bird flu cases been so mild? (STAT)
- Potential conflicts of interest may haunt Dr. Oz's confirmation to run Medicare, Medicaid (The Washington Post)
- Long a 'crown jewel' of government, NIH is now a target (The New York Times)
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Most read stories on The Hill right now: |
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President Biden's decision to pardon his son Hunter Biden is further bruising a party that was already reeling from blistering electoral losses, with … Read more |
| President Biden's announcement that he had pardoned his son, Hunter Biden, rattled the political world late Sunday. The president argued in a statement … Read more |
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Opinions related to health submitted to The Hill: |
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