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Court battle continues over the legal use of vaping products

As the legal use of vaping products continues to be argued in court, a debate also continues on whether a ban would send vapors back to regular cigarettes.  

Juul can continue to sell its electronic cigarettes after a federal appeals court in June blocked an FDA ban. 

To stay on the market, companies must show that their e-cigarettes benefit public health. Essentially, that means proving that adult smokers who use vapes are likely to quit or reduce their smoking, while teenagers are unlikely to become hooked on them.   

This week for a third time in four decisions, a federal appeals court has denied an Illinois-based vaping manufacturer’s petition for review of an FDA marketing denial order. A three judge panel of the Seventh Circuit Court of Appeals ruled for the FDA, denying the appeal by Gripum LLC, which makes bottled e-liquid under several names. 

In Illinois, there’s talk of placing a ban on all flavored tobacco and vapes in the state, but legislation has yet to move out of committee. 

Elizabeth Hicks, U.S. Affairs analyst with the Consumer Choice Center, warned that enacting a flavor ban for vaping and tobacco products would push consumers to switch back to smoking combustible tobacco.

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