California Attorney General Rob Bonta has joined a coalition of 20 attorneys general in filing an amicus brief in the case of Food and Drug Administration v. Wages and White Lion Investments, LLC., dba Triton Distribution, et al. The brief supports the U.S. Food and Drug Administration's (FDA) decision to deny marketing authorization for certain candy- and fruit-flavored vape products, arguing that these products are not appropriate for public health protection. This action follows a ruling by the Fifth Circuit Court of Appeals in January 2024 that favored manufacturers challenging the FDA’s denial as arbitrary and capricious.
“Addressing the ongoing youth vaping epidemic is a critical public health priority,” said Attorney General Bonta. “In our ongoing efforts to prevent the harms of e-cigarettes and nicotine addiction to our youth, I urge the Supreme Court to reverse the lower court’s ruling. As a father and the People’s Attorney, I remain committed to protecting California’s children’s health, quality of life, and future.”
Tobacco companies produce e-cigarettes with high nicotine content in various kid-friendly flavors available online. Despite recent progress, youth use of e-cigarettes remains high, with 2.13 million high school and middle school students reporting usage in 2023; among them, 89.4% use flavored products. E-cigarette use is associated with harmful health effects such as lung inflammation, impaired lung function, DNA damage, and cardiovascular disease.
While many states have taken measures to regulate flavored vape product sales, attorneys general argue that interstate flow of these harmful products poses ongoing risks to youth nationwide. The Family Smoking Prevention and Tobacco Control Act grants the FDA authority to regulate nicotine and tobacco use broadly, including approving or denying new tobacco products from entering the market.
The brief emphasizes significant public health harms posed by flavored vape products, particularly for young people, and stresses the necessity of continued FDA oversight to support state efforts against youth vaping.
Attorney General Bonta is joined by attorneys general from Arizona, California, Colorado, Connecticut, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina Oregon Pennsylvania Rhode Island Vermont Washington
A copy of the amicus brief can be found here.