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Krishnamoorthi welcomes SCOTUS decision to uphold FDA vape ban
“We cannot allow e-cigarette companies to use illegal flavored vapes to prey upon our children," Krishnamoorthi said.
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Malvika Choudhary - Mon, 07, Apr 2025
- 13:19 EDT
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U.S. Representative Raja Krishnamoorthi (D-IL) answers questions during a news conference about the recent Congressional delegation trip to the Indo-Pacific region, on Capitol Hill in Washington, U.S. August 10, 2022. / REUTERS/Evelyn Hockstein/File Photo
Indian American Congressman Raja Krishnamoorthi (IL-08) welcomed the U.S. Supreme Court’s unanimous decision to uphold the Food and Drug Administration’s (FDA) ban on fruit- and dessert-flavored e-cigarette liquids.
“Today’s unanimous Supreme Court decision is a major victory for public health and a strong rebuke of vape manufacturers who have deliberately targeted our youth with addictive fruit-flavored products,” Krishnamoorthi said in a statement April 2.
Also Read: Rep. Krishnamoorthi launches federal probe into illicit vaping products
The ruling marks a significant development in federal efforts to curb youth nicotine addiction and follows years of advocacy from lawmakers and public health groups. Flavored vaping products have long been criticized for appealing to underage users.
“For years, I have fought Big Tobacco’s efforts to hook more kids, and now the FDA must enforce this ban and get these dangerous products off store shelves. We cannot allow e-cigarette companies to use illegal flavored vapes to prey upon our children”, Krishnamoorthi said.
The Supreme Court reversed a decision by the 5th U.S. Circuit Court of Appeals, which had sided with e-cigarette companies challenging the FDA's authority. The Court held that the FDA acted within its mandate when it denied applications from companies like Triton Distribution, citing insufficient evidence that the products’ benefits to adult smokers outweighed the risks to youth.
In 2024, the Centers for Disease Control and Prevention (CDC) reported that approximately 1.63 million U.S. middle and high school students used e-cigarettes, with a large proportion favoring flavored varieties. That same year, youth vaping declined to the lowest level in a decade, a shift attributed in part to enforcement against flavored products.
Krishnamoorthi, Ranking Member of the Oversight Subcommittee on Health Care and Financial Services, co-founded the bipartisan Congressional Caucus to End the Youth Vaping Epidemic. As former chair of the Subcommittee on Economic and Consumer Policy, he led the first Congressional investigation into youth vaping in 2019.
He has also introduced legislation to regulate flavored e-cigarettes and to close the synthetic nicotine loophole that allowed certain manufacturers to evade FDA oversight.
More recently, in his role as Ranking Member of the Select Committee on the Strategic Competition Between the U.S. and the Chinese Communist Party, Krishnamoorthi launched an investigation into illicit vaping products from China that are marketed to children.
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