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Court sides with the FDA in its dispute over sweet-flavored vaping products
Law Firm Press Release |
2025/04/05 11:14
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The Supreme Court on Wednesday ruled for the Food and Drug Administration in its crackdown on sweet-flavored vaping products following a surge in teen electronic cigarette use.
But the justices’ unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President Donald Trump has promised to “save” vaping.
The high court ruled that the FDA, during President Joe Biden’s administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like “Jimmy The Juice Man in Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies.” The products are heated by an e-cigarette to create an inhalable aerosol.
Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision “a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis.”
The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law.
It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting.
But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law.
While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company’s marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court.
Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes “in the great harm reduction potential” of the products and plans to continue litigation.
The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton’s favor.
The FDA has so far not instituted changes to its polices on vaping. But on Tuesday, the FDA’s top tobacco regulator, Brian King, was removed from his post amid sweeping cuts to the federal health workforce that have cleared out many of the nation’s leading health experts. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes. |
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Chief Justice Roberts Rejects Trump’s Call for Judicial Impeachment
Law Firm Press Release |
2025/03/25 06:44
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In an extraordinary display of conflict between the executive and judiciary branches, Chief Justice John Roberts rejected calls for impeaching judges Tuesday, shortly after President Donald Trump demanded the removal of one who ruled against his deportation plans.
The rebuke from the Supreme Court’s leader demonstrated how the controversy over recent deportations of alleged Venezuelan gang members has inflamed tensions over the judiciary’s role, with a legal case challenging Trump’s actions now threatening to spiral into a clash of constitutional powers.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said. “The normal appellate review process exists for that purpose.”
The rare statement came just hours after a social media post from Trump, who described U.S. District Judge James E. Boasberg as an unelected “troublemaker and agitator.” Boasberg had issued an order blocking deportation flights that Trump was carrying out by invoking wartime authorities from an 18th century law.
“HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY,” Trump wrote on his social media platform, Truth Social. “I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!”
Although Trump has routinely criticized judges, especially as they limit his efforts to expand presidential power, his latest post escalated his conflict with a judiciary that’s been one of the few restraints on his aggressive agenda. Impeachment is a rare step that is usually taken only in cases of grave ethical or criminal misconduct.
In an interview with Fox News later on Tuesday, Trump emphasized that Roberts “didn’t mention my name in his statement,” suggesting that the chief justice could have been referring to other people who have said Boasberg should be impeached.
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Chief Justice Roberts Rejects Trump’s Call for Judicial Impeachment
Law Firm Press Release |
2025/03/16 06:44
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In an extraordinary display of conflict between the executive and judiciary branches, Chief Justice John Roberts rejected calls for impeaching judges Tuesday, shortly after President Donald Trump demanded the removal of one who ruled against his deportation plans.
The rebuke from the Supreme Court’s leader demonstrated how the controversy over recent deportations of alleged Venezuelan gang members has inflamed tensions over the judiciary’s role, with a legal case challenging Trump’s actions now threatening to spiral into a clash of constitutional powers.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said. “The normal appellate review process exists for that purpose.”
The rare statement came just hours after a social media post from Trump, who described U.S. District Judge James E. Boasberg as an unelected “troublemaker and agitator.” Boasberg had issued an order blocking deportation flights that Trump was carrying out by invoking wartime authorities from an 18th century law.
“HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY,” Trump wrote on his social media platform, Truth Social. “I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!”
Although Trump has routinely criticized judges, especially as they limit his efforts to expand presidential power, his latest post escalated his conflict with a judiciary that’s been one of the few restraints on his aggressive agenda. Impeachment is a rare step that is usually taken only in cases of grave ethical or criminal misconduct.
In an interview with Fox News later on Tuesday, Trump emphasized that Roberts “didn’t mention my name in his statement,” suggesting that the chief justice could have been referring to other people who have said Boasberg should be impeached.
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Trump signs order designating English as the official language of the US
Law Firm Press Release |
2025/03/01 06:13
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President Donald Trump signed on Saturday an executive order designating English as the official language of the United States.
The order allows government agencies and organizations that receive federal funding to choose whether to continue to offer documents and services in language other than English.
It rescinds a mandate from former President Bill Clinton that required the government and organizations that received federal funding to provide language assistance to non-English speakers.
“Establishing English as the official language will not only streamline communication but also reinforce shared national values, and create a more cohesive and efficient society,” according to the order.
“In welcoming new Americans, a policy of encouraging the learning and adoption of our national language will make the United States a shared home and empower new citizens to achieve the American dream,” the order also states. “Speaking English not only opens doors economically, but it helps newcomers engage in their communities, participate in national traditions, and give back to our society.”
More than 30 states have already passed laws designating English as their official language, according to U.S. English, a group that advocates for making English the official language in the United States.
For decades, lawmakers in Congress have introduced legislation to designate English as the official language of the U.S., but those efforts have not succeeded.
Within hours of Trump’s inauguration last month, the new administration took down the Spanish language version of the official White House website.
Hispanic advocacy groups and others expressed confusion and frustration at the change. The White House said at the time it was committed to bringing the Spanish language version of the website back online. As of Saturday, it was still not restored.
The White House did not immediately respond to a message about whether that would happen.
Trump shut down the Spanish version of the website during his first term. It was restored when President Joe Biden was inaugurated in 2021.
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