Collins Interviewed by Bloomberg Law Podcast Regarding e-Cigarette Marketing

Shawn Collins sat down with June Grasso at Bloomberg Law to discusses the ongoing legal conflict between the FDA and e-cigarette companies regarding the marketing of flavored vapes, particularly as they relate to youth demographics. Collins highlighted that the FDA's primary mandate is to protect public health, which has led to increased scrutiny over flavored products that are notoriously appealing to young people. Collins metaphorically describes this conflict as a "game of Whack-a-Mole," where the regulation of one smoking alternative leads to the emergence of another, pointing out that the FDA's efforts to reduce traditional cigarette smoking have inadvertently allowed the popularity of e-cigarettes to flourish among teenagers. He expresses that while the intent behind the FDA’s regulations is to safeguard the health of younger generations, the challenge lies in balancing effective regulation without appearing arbitrary or capricious.

Collins elaborates on the legal nuances of the Supreme Court hearing, emphasizing the pivotal question of the FDA's authority to impose marketing restrictions on e-cigarettes. He acknowledges the concerns surrounding e-cigarette companies targeting youth with flavored products, suggesting that these firms are keen to maintain a lucrative demographic that could foster long-term brand loyalty. While e-cigarette companies argue that the FDA has been inconsistent in its approach to regulation, Collins notes that the court seems aware of the public health implications, thereby possibly deferring to the FDA’s regulatory authority. He concludes that the key issue at stake is not just whether the companies can challenge the rules but what true relief they could achieve even if successful in their legal arguments.