WASHINGTON (NEWSnetAP) — The Supreme Court has agreed to hear a case involving e-cigarettes, specifically Food and Drug Administration decisions that restrict marketing of some products amid a surge in vaping by young people.

The justices accepted the case Tuesday and are expected to hear arguments in the fall.

The FDA is appealing a lower court ruling siding with vape companies who argue the FDA unfairly denied more than a million applications to market fruit- or candy-flavored versions of nicotine-laced liquid, which is heated by the e-cigarette to create an inhalable aerosol.

The case comes as the FDA undertakes a sweeping review after years of regulatory delays intended to bring scientific scrutiny to the multibillion-dollar vaping market. There are now thousands of flavored vapes that are technically illegal, but remain available in convenience stores, gas stations and vape shops.

The FDA recently approved its first menthol-flavored electronic cigarettes for adult smokers.

The agency says the sweeter flavors pose a “serious, well-documented risk" of enticing more young people to pick up a nicotine habit. In 2020, nearly 20% of high school students and almost 5% of middle-school students used e-cigarettes, and almost all of those kids used flavored products, the agency said in court documents.

The agency says companies were blocked because they couldn't show the possible benefits for adult smokers outweighed the risk of underage use. The companies say they had prepared detailed plans to avoid appealing to young people.

The companies won a victory when the 5th U.S. Circuit Court of Appeals sided with the vaping company Triton Distribution; saying that the agency was unfair because it required the companies to present studies showing that flavored products would help with smoking cessation.

Other appeals courts have sided with the FDA, which regulates new tobacco products under a 2009 law aimed at curbing youth tobacco use.

Youth vaping has declined from all-time highs in recent years, but 2.8 million middle and high school students still use it, according to federal survey data.

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