Despite their loss in the case, vape manufacturers are able to reapply for approval with the FDA in a new application and attempt to show how benefits of the product to public health would outweigh the dangers to teens. ????? ???????  

Since 2009, federal law requires sellers of new nicotine products to provide regulators with scientific evidence to show that the products would promote public health, but the statute does not spell out specifically what evidence is necessary and sufficient. The FDA's guidance on how to meet that requirement was at the center of the case. ????????

"We are obviously disappointed in the outcome. Triton and Vapetasia continue to believe in the great harm reduction potential of their products for cigarette smokers. We look forward to further proceedings before the Fifth Circuit on the prejudicial error issue that the Supreme Court remanded," said Eric Heyer, the Thompson Hine partner who argued

An attorney for the companies -- White Lion Investments LLC, operating at Triton Distribution, and Vapetasia LLC -- said in a statement they view flavored vapes as a safe and valuable alternative for smokers trying to quit. ????? ???????  

"While the FDA has authorized the sale of only 34 e-cigarette products, manufacturers continue to flood the market with thousands of illegal, unauthorized products," Richardson said in a statement. "To end this crisis, the FDA must deny marketing applications for flavored e-cigarettes and step up enforcement efforts to clear the market of illegal p