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Supreme Court sides with the FDA in its dispute over vaping products
Law Firm News |
2025/04/15 18:34
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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.
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Ex-UK lawmaker charged with cheating in election betting scandal
Court Watch |
2025/04/11 01:42
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A former Conservative lawmaker and 14 others have been charged with cheating when placing bets on the timing of Britain’s general election last year, the Gambling Commission said Monday.
Craig Williams was one of several people who had been investigated for cashing in on insider knowledge on the date then-Prime Minister Rishi Sunak would call the election. Other members of the Conservative Party that controlled government at the time and a police officer were among those facing charges that carry a potential two-year prison term, if convicted.
It’s legal for politicians to wager on elections, but the investigation was about whether they used inside information to gain an unfair advantage. One of the popular bets at the time was to wager on the date the prime minister would call an election.
At the time, the conventional wisdom was that Sunak would call an election in the fall, but he surprised people in May when he set the election date for July 4th. The announcement was a disaster as Sunak was drenched in pouring rain outside his residence and word quickly spread that a handful of people with connections to the party had placed suspiciously timed bets.
The vote six weeks later ended up being a bloodbath for Conservatives, as the Labour Party, led by Prime Minister Keir Starmer, swept them out of office for the first time in 14 years.
Williams, who was Sunak’s parliamentary private secretary and running for reelection, had disclosed he placed a 100-pound ($131) bet on a July election days before the date had been announced.
“I committed an error of judgment, not an offense, and I want to reiterate my apology directly to you,” he said in a video posted on social media in June.
In the election, Williams lost his seat representing an area of Wales, finishing third.
Others facing charges included Russell George, a Conservative in the Welsh parliament, Nick Mason, a former chief data officer for the Tories and Thomas James, the director of the Welsh Conservatives.
Anthony Lee, a former Conservative campaign director, was also charged alongside his wife, Laura Saunders, who ran unsuccessfully for a seat in Parliament representing an area of southwest England.
George was suspended by the Conservative Party after news of the criminal case.
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Hungary welcomes Netanyahu and announces it’s quitting top war crimes court
Topics |
2025/04/05 00:57
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Hungary will start the process to withdraw from the International Criminal Court, an official said Thursday, just as Israeli Prime Minister Benjamin Netanyahu arrived to red carpet treatment in the country’s capital despite an arrest warrant from the world’s only permanent global tribunal for war crimes and genocide.
Prime Minister Viktor Orbán gave the Israeli leader a welcome with full military honors in Budapest’s Castle District. The two close allies stood side by side as a military band played and an elaborate procession of soldiers on horseback and carrying swords and bayoneted rifles marched by.
As the ceremony unfolded, Orbán’s chief of staff, Gergely Gulyás, released a brief statement saying that “the government will initiate the withdrawal procedure” for leaving the court, which could take a year or more to complete. Netanyahu’s visit to Hungary, which is scheduled to last until Sunday, was only his second foreign trip since the ICC issued the warrant against him in November.
The ICC, based in The Hague, Netherlands, said when issuing its warrant that there was reason to believe Netanyahu and former Israeli Defense Minister Yoav Gallant had committed crimes against humanity in connection with the war in Gaza.
The war began when Hamas-led militants attacked southern Israel on Oct. 7, 2023, killing around 1,200 people, mostly civilians, and taking 251 hostages, most of whom have since been released in ceasefire agreements and other deals. Israel rescued eight living hostages and has recovered dozens of bodies.
Israel’s offensive has killed more than 50,000 Palestinians, according to Gaza’s Health Ministry, which doesn’t say whether those killed are civilians or combatants. Israel says it has killed around 20,000 militants, without providing evidence. Israeli military’s response resumed last month, shattering a ceasefire.
After the ICC issued the warrant, Orbán invited Netanyahu to Budapest, and accused the court of “interfering in an ongoing conflict for political purposes.” That invitation was in open defiance of the court’s ruling and contradicted Hungary’s obligations as a signatory to arrest any suspects facing a warrant if they set foot on their soil.
All countries in the 27-member European Union, including Hungary, are signatories, but the court relies on member countries to enforce its rulings. Hungary joined the court in 2001 during Orbán’s first term as prime minister.
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US immigration officials look to expand social media data collection
Legal Interview |
2025/03/30 15:51
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U.S. immigration officials are asking the public and federal agencies to comment on a proposal to collect social media handles from people applying for benefits such as green cards or citizenship, to comply with an executive order from President Donald Trump.
The March 5 notice raised alarms from immigration and free speech advocates because it appears to expand the government’s reach in social media surveillance to people already vetted and in the U.S. legally, such as asylum seekers, green card and citizenship applicants -- and not just those applying to enter the country. That said, social media monitoring by immigration officials has been a practice for over a decade, since at least the second Obama administration and ramping up under Trump’s first term.
The Department of Homeland Security issued a 60-day notice asking for public commentary on its plan to comply with Trump’s executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The plan calls for “uniform vetting standards” and screening people for grounds of inadmissibility to the U.S., as well as identify verification and “national security screening.” It seeks to collect social media handles and the names of platforms, although not passwords.
The policy seeks to require people to share their social media handles when applying for U.S. citizenship, green card, asylum and other immigration benefits. The proposal is open to feedback from the public until May 5.
“The basic requirements that are in place right now is that people who are applying for immigrant and non-immigrant visas have to provide their social media handles,” said Rachel Levinson-Waldman, managing director of the Brennan Center’s Liberty and National Security Program at New York University. “Where I could see this impacting is someone who came into the country before visa-related social media handle collection started, so they wouldn’t have provided it before and now they’re being required to. Or maybe they did before, but their social media use has changed.”
“This fairly widely expanded policy to collect them for everyone applying for any kind of immigration benefit, including people who have already been vetted quite extensively,” she added.
What this points to — along with other signals the administration is sending such as detaining people and revoking student visas for participating in campus protests that the government deems antisemitic and sympathetic to the militant Palestinian group Hamas — Levinson-Waldman added, is the increased use of social media to “make these very high-stakes determinations about people.”
In a statement, a spokesperson for the United States Citizenship and Immigration Service said the agency seeks to “strengthen fraud detection, prevent identity theft, and support the enforcement of rigorous screening and vetting measures to the fullest extent possible.”
“These efforts ensure that those seeking immigration benefits to live and work in the United States do not threaten public safety, undermine national security, or promote harmful anti-American ideologies,” the statement continued. USCIS estimates that the proposed policy change will affect about 3.6 million people.
How are social media accounts used now?
The U.S. government began ramping up the use of social media for immigration vetting in 2014 under then-President Barack Obama, according to the Brennan Center for Justice. In late 2015, the Department of Homeland Security began both “manual and automatic screening of the social media accounts of a limited number of individuals applying to travel to the United States, through various non-public pilot programs,” the nonpartisan law and policy institute explains on its website.
In May 2017, the U.S. Department of State issued an emergency notice to increase the screening of visa applicants. Brennan, along with other civil and human rights groups, opposed the move, arguing that it is “excessively burdensome and vague, is apt to chill speech, is discriminatory against Muslims, and has no security benefit.”
Two years later, the State Department began collecting social media handles from “nearly all foreigners” applying for visas to travel to the U.S. — about 15 million people a year.
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