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    Supreme Court Rules Against Makers of Flavored Vapes Popular With Teens

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    The justices said the Food and Drug Administration had acted lawfully in rejecting applications from makers of flavored liquids used in e-cigarettes.The Supreme Court ruled on Wednesday that the Food and Drug Administration had acted lawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes with names like Jimmy the Juice Man Peachy Strawberry, Signature Series Mom’s Pistachio and Suicide Bunny Mother’s Milk and Cookies.In a unanimous decision written by Justice Samuel A. Alito Jr., the justices upheld an F.D.A. order that prohibited retailers from marketing flavored tobacco products. The court rejected claims that the agency had unfairly switched its requirements during the application process.Justice Alito wrote that the agency’s denials of the applications were “sufficiently consistent” with agency guidance on tobacco regulations. The justices rejected a ruling by the U.S. Court of Appeals for the Fifth Circuit that the agency had acted arbitrarily and capriciously, finding that the F.D.A. had not tried to change the rules in the middle of the approval process.A 2009 law, the Family Smoking Prevention and Tobacco Control Act, requires makers of new tobacco products to obtain authorization from the F.D.A. According to the law, the manufacturers’ applications must demonstrate that their products are “appropriate for the protection of the public health.”The agency has denied many applications under the law, including the two at issue in the case before the justices, saying the flavored liquids presented a “known and substantial risk to youth.”The appeals court ruled last year that the agency had changed the rules in the middle of the application process, accusing it of “regulatory switcheroos” that sent the companies “on a wild-goose chase.” More formally, the court said the agency’s actions had been arbitrary and capricious.In asking the Supreme Court to hear the case, Food and Drug Administration v. Wages and White Lion Investments, No. 23-1038, the agency’s lawyers cited another appeals court that had reached the opposite conclusion. The Fifth Circuit’s decision “has far-reaching consequences for public health and threatens to undermine the Tobacco Control Act’s central objective of ‘ensuring that another generation of Americans does not become addicted to nicotine and tobacco products,’” they wrote, quoting from the other appeals court’s decision. More

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      U.K. Plans Disposable Vape Ban in England

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      The measure, which echoes plans in Scotland and Wales, aims to protect young people’s health and reduce environmental damage.Disposable vapes will be banned in England starting in June under a government plan announced on Thursday, a move aimed at protecting young people’s health and reducing waste.Single-use vapes, which are often sold in brightly colored packaging, have become the “product of choice for the majority of kids vaping today,” Andrew Gwynne, the minister for public health and prevention, said in a government statement.An estimated five million disposable vapes are discarded each week in Britain, according to the government.The proposed ban — which requires the approval of Parliament, where the governing Labour Party holds a large majority — would prevent plastic, lead and mercury from single-use vapes leaching into the environment, the government said.It is also aimed at reducing problems caused by the disposal of lithium-ion batteries. Even when sent to recycling facilities, the government said, the products usually needed to be disassembled by hand, and the batteries posed a fire risk to workers in the waste industry.“Single-use vapes are extremely wasteful and blight our towns and cities,” Mary Creagh, an environment minister, said in the statement, adding that the initiative was part of an effort to combat Britain’s “throwaway culture.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Lauren Boebert Apologizes for Vaping in a Denver Theater

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      The Colorado congresswoman previously denied vaping during the performance, but could be seen doing so on surveillance video.Representative Lauren Boebert of Colorado was kicked out of a performance of the musical “Beetlejuice” in Denver after causing a disturbance.Kenny Holston/The New York TimesRepresentative Lauren Boebert, a hard-right Republican rabble-rouser from Colorado, apologized on Friday night for her behavior at a recent performance of the family-friendly musical “Beetlejuice” in Denver, after surveillance video revealed her vaping and behaving disruptively in the theater.Ms. Boebert, 36, previously denied reports that she had been vaping. A pregnant woman seated behind her asked her to stop before she was ejected for “causing a disturbance” at the show, according to The Denver Post.“The past few days have been difficult and humbling, and I’m truly sorry for the unwanted attention my Sunday evening in Denver has brought to the community,” Ms. Boebert said in a statement Friday night. “While none of my actions or words as a private citizen that night were intended to be malicious or meant to cause harm, the reality is they did and I regret that.”Ms. Boebert, who can be seen on the video touching and carrying on with her date while sitting in the middle of a crowded theater, blamed what she called her “public and difficult divorce” for her behavior and said, “I simply fell short of my values on Sunday.”Ms. Boebert, a mother of four boys who likes to show off pictures of her new grandchild to colleagues in Congress, said she “genuinely did not recall vaping that evening” when she told her campaign to issue a statement denying she had done so. She said she would have to work hard to earn back trust from voters in her district.It may be a heavy lift for Ms. Boebert, who won re-election in 2022 by just 546 votes.If her too-close-for-comfort re-election campaign was a message that Colorado voters didn’t like her brand of disruptive politics, she hasn’t appeared to have received it. Since January, she has often acted in ways many Republicans view as detrimental to keeping control of the House in 2024 and to her keeping her seat.In June, Ms. Boebert tried to force a vote on articles of impeachment against President Biden, claiming his immigration policies constituted high crimes and misdemeanors. Some of her colleagues called the move “crazy,” and it was eventually shunted off to committees for further study.Ms. Boebert distinguished herself during the fraught speaker’s race in January as one of the most committed holdouts against Representative Kevin McCarthy of California, milking the moment for maximum Fox News exposure. In the House, she has cultivated an abrasive public persona, sometimes heckling her Democratic colleagues in the halls of the Capitol and largely ignoring reporters’ questions, except to loudly proclaim at times, “I love President Trump!”The behavior has also earned a cult following on the right. Ms. Boebert, who often wears five-inch Lucite heels and skintight dresses, has a national base of fans who enjoy her disruptive antics and extreme rhetoric.On the House floor, Ms. Boebert has railed against drag performances for children and claimed the left was “grooming” children by exposing them to “obscene content.” More