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Court sides with the FDA in its dispute over sweet-flavored vaping products
Court Watch |
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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Trump asks supreme court to halt ruling ordering the rehiring of federal workers
Court Watch |
2025/03/25 06:27
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The Trump administration asked the Supreme Court on Monday to halt a ruling ordering the rehiring of thousands of federal workers let go in mass firings aimed at dramatically downsizing the federal government.
The emergency appeal argues that the judge can’t force the executive branch to rehire more than 16,000 probationary employees. The California-based judge found the firings didn’t follow federal law, and he ordered reinstatement offers be sent as a lawsuit plays out.
The appeal also calls on the conservative-majority court to rein in the growing number of federal judges who have slowed President Donald Trump’s sweeping agenda.
“Only this Court can end the interbranch power grab,” the appeal stated.
The nation’s federal court system has become ground zero for pushback to Trump with the Republican-led Congress largely supportive or silent, and judges have ruled against Trump’s administration more than three dozen times after finding violations of federal law.
The rulings run the gamut from birthright citizenship changes to federal spending to transgender rights.
Trump’s unparalleled flurry of executive orders seems destined for several dates at a Supreme Court that he helped shape with three appointees during his first term, but so far the majority on the nine-member court has taken relatively small steps in two cases that have reached it.
The latest order appealed to the high court was one of two handed down the same day. While acknowledging the president can lay off employees, two judges found separate legal problems with the way the Republican administration’s firings of probationary employees were carried out.
U.S. District Judge William Alsup in San Francisco ruled that the terminations were improperly directed by the Office of Personnel Management and its acting director. He ordered rehiring at six agencies: the departments of Veterans Affairs, Agriculture, Defense, Energy, the Interior and the Treasury.
His order came in a lawsuit filed by a coalition of labor unions and nonprofit organizations that argued they’d be affected by the reduced manpower.
Alsup, who was appointed by Democratic President Bill Clinton, expressed frustration with what he called the government’s attempt to sidestep laws and regulations by firing probationary workers with fewer legal protections.
He said he was appalled that employees were told they were being fired for poor performance despite receiving glowing evaluations just months earlier.
Attorney Norm Eisen, one of the attorneys representing the plaintiffs, vowed to defend the order. “Our coalition remains committed to ensuring that justice prevails for every affected probationary worker,” he said.
The federal government, on the other hand, said the sweeping order requiring the employees to be rehired goes beyond the judge’s legal authority. The plaintiffs never had legal standing to sue and did not prove that the Office of Personnel Management wrongly directed the firings, the Justice Department argued on appeal.
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Turkish court orders key Erdogan rival jailed pending trial on corruption charges
Court Watch |
2025/03/21 06:42
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A court formally arrested the mayor of Istanbul, a key rival to President Recep Tayyip Erdogan, on Sunday and ordered him jailed pending the outcome of a trial on corruption charges.
Mayor Ekrem Imamoglu was detained following a raid on his residence earlier this week, sparking the largest wave of street demonstrations in Turkey in more than a decade. It also deepened concerns over democracy and rule of law in Turkey.
His imprisonment is widely regarded as a political move to remove a major contender from the next presidential race, currently scheduled for 2028. Government officials reject the accusations and insist that Turkey’s courts operate independently.
The prosecutor’s office said the court decided to jail Imamoglu on suspicion of running a criminal organization, accepting bribes, extortion, illegally recording personal data and bid-rigging. A request for him to be imprisoned on terror-related charges was rejected although he still faces prosecution. Following the court’s ruling, Imamoglu was transferred to Silivri prison, west of Istanbul.
The Interior Ministry later announced that Imamoglu had been suspended from duty as a “temporary measure.” The municipality had previously appointed an acting mayor from its governing council.
Alongside Imamoglu, 47 other people were also jailed pending trial, including a key aide and two district mayors from Istanbul, one of whom was replaced with a government appointee. A further 44 suspects were released under judicial control.
Interior Minister Ali Yerlikaya said Sunday that 323 people were detained the previous evening over disturbances at protests.
Largely peaceful protests across Turkey have seen hundreds of thousands come out in support of Imamoglu. However, there has been some violence, with police deploying water cannons, tear gas, pepper spray and firing plastic pellets at protesters in Istanbul, Ankara and Izmir, some of whom hurled stones, fireworks and other missiles at riot police.
The formal arrest came as more than 1.5 million members of the opposition Republican People’s Party, or CHP, began holding a primary presidential election to endorse Imamoglu, the sole candidate.
The party has also set up symbolic ballot boxes nationwide to allow people who are not party members to express their support for the mayor. Large crowds gathered early Sunday to cast a “solidarity ballot.”
“This is no longer just a problem of the Republican People’s Party, but a problem of Turkish democracy,” Fusun Erben, 69, said at a polling station in Istanbul’s Kadikoy district. “We do not accept our rights being so easily usurped. We will fight until the end.”
Speaking at a polling station in Bodrum, western Turkey, engineer Mehmet Dayanc, 38, said he feared that “in the end we’ll be like Russia, a country without an opposition, where only a single man participates in elections.”
In a message posted on social media, Imamoglu called on people to show “their struggle for democracy and justice to the entire world” at the ballot box. He warned Erdogan that he would be defeated by “our righteousness, our courage, our humility, our smiling face.”
“Honestly, we are embarrassed in the name of our legal system,” Ankara Mayor Mansur Yavas, a fellow member of Imamoglu’s CHP, told reporters after casting his vote, criticizing the lack of confidentiality in the proceedings.
CHP leader Ozgur Ozel said Imamoglu’s imprisonment was reminiscent of “Italian mafia methods.” Speaking at Istanbul City Hall, he added: “Imamoglu is on the one hand in prison and on the other hand on the way to the presidency.”
The Council of Europe, which focuses on promoting human rights and democracy, slammed the decision and demanded Imamoglu’s immediate release.
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Mexico says it will impose retaliatory tariffs on US with details coming Sunday
Court Watch |
2025/03/06 06:08
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Mexico’s president said Tuesday the country will respond to the 25% tariffs imposed by the United States with retaliatory tariffs on U.S. goods, with details to come.
Mexico will announce the targeted products and other measures Sunday at an event in Mexico City’s central plaza, a delay that suggests Mexico hopes to de-escalate the trade war set off by U.S. President Donald Trump.
President Claudia Sheinbaum said the government is “going to wait” because she had planted to speak to Trump this week. Mexico’s government has said since January it had a plan ready for this scenario.
“There is no motive or reason, nor justification that supports this decision that will affect our people and our nations,” Sheinbaum added.
China and Canada responded immediately with measures Tuesday.
Hours later, after stock markets took a hit, U.S. Secretary of Commerce Howard Lutnick said in a video posted to X that he was on the phone “all day” with Mexican and Canadian authorities.
“It’s not going to be a pause. None of that pause stuff,” he said. “Somewhere in the middle will likely be the outcome.”
Some 80% of Mexico’s exports go to the United States, part of more than $800 billion in trade between the countries last year.
Sheinbaum called “offensive, defamatory and without support” the White House allegations that Mexican drug traffickers persist because of “an intolerable relationship” with the Mexican government. Trump has said he’s targeting Mexico to force it to crack down on migrants and drugs entering the U.S.
She listed the achievements of her young administration against Mexico’s drug cartels, including seizing more than a ton of fentanyl and dismantling 329 methamphetamine labs. She also noted that Mexico sent the U.S. 29 drug cartel figures it requested last week.
“It’s inconceivable that they don’t think about the damage this is going to cause to United States citizens and businesses,” Sheinbaum said. “No one wins with this decision.”
Mexico’s president also noted that Trump on Monday said he respected her, and she said she respected him as well: “The thing is finding a way to collaborate, of coordinating without subordinating anyone for the benefit of our people.”
Trade experts expressed doubt over how long Trump’s tariffs would last, saying they would boost prices for American consumers including Trump’s base.
“It is going to do nothing to help with the food inflation in the U.S.,” said Timothy Wise, an expert on agricultural trade between Mexico and the U.S. “I don’t see it as sustainable. I don’t find it plausible that corporate folks who surround Trump are going to sit back and allow him to destroy their foreign markets.”
Gabriela Siller, economic analyst with Mexican financial group Banco Base, said in the short term, the tariffs could boost inflation, disrupt economic trade flows and slow economic growth for both countries.
But as she watched the gradually falling Mexican peso, she also noted “the exchange rate and volatility have not skyrocketed, as the market speculates that the U.S. government could withdraw the tariffs soon.”
Mexico has the most to potentially lose in a trade war with the U.S., and economists say extended tariffs would plunge Mexico’s economy into a recession.
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Trump administration says it’s cutting 90% of USAID foreign aid contracts
Court Watch |
2025/02/27 08:06
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The Trump administration said it is eliminating more than 90% of the U.S. Agency for International Development’s foreign aid contracts and $60 billion in overall U.S. assistance around the world, putting numbers on its plans to eliminate the majority of U.S. development and humanitarian help abroad.
The cuts detailed by the administration would leave few surviving USAID projects for advocates to try to save in what are ongoing court battles with the administration.
The Trump administration outlined its plans in both an internal memo obtained by The Associated Press and filings in one of those federal lawsuits Wednesday.
The Supreme Court intervened in that case late Wednesday and temporarily blocked a court order requiring the administration to release billions of dollars in foreign aid by midnight.
Wednesday’s disclosures also give an idea of the scale of the administration’s retreat from U.S. aid and development assistance overseas, and from decades of U.S. policy that foreign aid helps U.S. interests by stabilizing other countries and economies and building alliances.
The memo said officials were “clearing significant waste stemming from decades of institutional drift.” More changes are planned in how USAID and the State Department deliver foreign assistance, it said, “to use taxpayer dollars wisely to advance American interests.”
President Donald Trump and ally Elon Musk have hit foreign aid harder and faster than almost any other target in their push to cut the size of the federal government. Both men say USAID projects advance a liberal agenda and are a waste of money.
Trump on Jan. 20 ordered what he said would be a 90-day program-by-program review of which foreign assistance programs deserved to continue, and cut off all foreign assistance funds almost overnight.
The funding freeze has stopped thousands of U.S.-funded programs abroad, and the administration and Musk’s Department of Government Efficiency teams have pulled the majority of USAID staff off the job through forced leave and firings.
Widely successful USAID programs credited with containing outbreaks of Ebola and other threats and saving more than 20 million lives in Africa through HIV and AIDS treatment are among those still cut off from agency funds, USAID officials and officials with partner organizations say. Meanwhile, formal notifications of program cancellations are rolling out.
In the federal court filings Wednesday, nonprofits owed money on contracts with USAID describe both Trump political appointees and members of Musk’s teams terminating USAID’s contracts around the world at breakneck speed, without time for any meaningful review, they say.
“‘There are MANY more terminations coming, so please gear up!’'' a USAID official wrote staff Monday, in an email quoted by lawyers for the nonprofits in the filings.
The nonprofits, among thousands of contractors, owed billions of dollars in payment since the freeze began, called the en masse contract terminations a maneuver to get around complying with the order to lift the funding freeze temporarily.
So did a Democratic lawmaker.
The administration was attempting to “blow through Congress and the courts by announcing the completion of their sham ‘review’ of foreign aid and the immediate termination of thousands of aid programs all over the world,” said Connecticut Sen. Chris Murphy, a member of the Senate Foreign Relations Committee.
A coalition representing major U.S. and global businesses and nongovernmental organizations and former officials expressed shock at the move. “The American people deserve a transparent accounting of what will be lost — on counterterror, global health, food security, and competition,” the U.S. Global Leadership Coalition said.
The State Department said Secretary of State Marco Rubio had reviewed the terminations.
In all, the Trump administration said it will eliminate 5,800 of 6,200 multiyear USAID contract awards, for a cut of $54 billion. Another 4,100 of 9,100 State Department grants were being eliminated, for a cut of $4.4 billion.
The State Department memo, which was first reported by the Washington Free Beacon, described the administration as spurred by a federal court order that gave officials until the end of the day Wednesday to lift the Trump administration’s monthlong block on foreign aid funding. |
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