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Supreme Court Rules Against Makers of Flavored Vapes Popular With Teens

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Supreme Court Rules Against Makers of Flavored Vapes Popular With Teens

The Supreme Court ruled on Wednesday that the Food and Drug Administration had acted lawfully in rejecting applications from two manufacturers of flavored liquids used in e-cigarettes with names like Jimmy the Juice Man Peachy Strawberry, Signature Series Mom’s Pistachio and Suicide Bunny Mother’s Milk and Cookies.

In a unanimous decision written by Justice Samuel A. Alito Jr., the justices upheld an F.D.A. order that prohibited retailers from marketing flavored tobacco products. The court rejected claims that the agency had unfairly switched its requirements during the application process.

Justice Alito wrote that the agency’s denials of the applications were “sufficiently consistent” with agency guidance on tobacco regulations. The justices rejected a ruling by the U.S. Court of Appeals for the Fifth Circuit that the agency had acted arbitrarily and capriciously, finding that the F.D.A. had not tried to change the rules in the middle of the approval process.

In the opinion, Justice Alito highlighted the possible dangers of the flavored products appealing to middle and high school students, writing that “the kaleidoscope of flavor options adds to the allure of e-cigarettes and has thus contributed to the booming demand for such products among young Americans.”

“Flavors lure kids, which is why Congress gave F.D.A. the authority to make science-based decisions on what is appropriate for our nation’s health,” said Erika Sward, the assistant vice president for nationwide advocacy at the American Lung Association, who applauded the court’s ruling.

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The decision comes at a fraught turning point for the agency.

In recent months, leaders celebrated a 10-year low in the percent of adolescents using e-cigarettes. The F.D.A. has attributed the decline to effective messaging targeted at teenagers and to aggressive enforcement against those who market illicit vapes in flavors like Unicorn Shake and watermelon bubble gum.

The agency is also grappling with deep cuts to its tobacco division staff and its counterpart at the Centers for Disease Control and Prevention, which gathers data on youth tobacco use. Amid thousands of staff cuts, Brian King, the director of the F.D.A.’s Center for Tobacco Products, was offered a new role in the Indian Health Service, with the option to work in Alaska or New Mexico — a tacit ouster.

Ms. Sward described the decimation of the federal tobacco control staff as “Christmas Day for big tobacco.”

“There is no one to keep the tobacco industry from flooding the market with its deadly products and no one left to count how many kids they addict,” she said.

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The decision on Wednesday is a “ringing validation” of the F.D.A.’s work, said Mitch Zeller, a former director of the agency’s tobacco division who served during the first Trump administration and under Presidents Barack Obama and Joseph R. Biden Jr. But he said its timing — a day after the deep cuts — was ironic and boded poorly for the future of limiting youth tobacco use.

“The Trump administration’s destruction of the Food and Drug Administration and the Center for Tobacco Products, in particular, imperils the ability of the center to continue to do its job on behalf of the public health,” he said.

A 2009 law, the Family Smoking Prevention and Tobacco Control Act, requires makers of new tobacco products to obtain authorization from the F.D.A. According to the law, the manufacturers’ applications must demonstrate that their products are “appropriate for the protection of the public health.”

The agency has denied many applications under the law, including the two at issue in the case before the justices, saying the flavored liquids presented a “known and substantial risk to youth.”

The appeals court ruled last year that the agency had changed the rules in the middle of the application process, accusing it of “regulatory switcheroos” that sent the companies “on a wild-goose chase.” More formally, the court said the agency’s actions had been arbitrary and capricious.

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In asking the Supreme Court to hear the case, Food and Drug Administration v. Wages and White Lion Investments, No. 23-1038, the agency’s lawyers cited another appeals court that had reached the opposite conclusion. The Fifth Circuit’s decision “has far-reaching consequences for public health and threatens to undermine the Tobacco Control Act’s central objective of ‘ensuring that another generation of Americans does not become addicted to nicotine and tobacco products,’” they wrote, quoting from the other appeals court’s decision.

What’s next for federal tobacco regulation is uncertain. President Trump has suggested that he will advance the interests of adults who use e-cigarettes, many of whom also use flavored vapes.

Major tobacco companies, though, have complied with F.D.A. rules and gotten approval to sell more staid products, including tobacco and menthol-flavored e-cigarettes. At least one company, Reynolds American, has donated heavily to Mr. Trump’s campaign and has made it clear that it wants the F.D.A. to crack down on the flavored e-cigarettes pouring in from China and taking away its market share.

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Video: Nvidia Shows Off New A.I. Chip at CES

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Video: Nvidia Shows Off New A.I. Chip at CES

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Nvidia Shows Off New A.I. Chip at CES

At the annual tech conference, CES, Nvidia showed off a new A.I. chip, known as Vera Rubin, which is more efficient and powerful than previous generations of chips.

This is the Vera CPU. This is one CPU. This is groundbreaking work. I would not be surprised if the industry would like us to make this format and this structure an industry standard in the future. Today, we’re announcing Alpamayo, the world’s first thinking, reasoning autonomous vehicle A.I.

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At the annual tech conference, CES, Nvidia showed off a new A.I. chip, known as Vera Rubin, which is more efficient and powerful than previous generations of chips.

By Jiawei Wang

January 6, 2026

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Lawmakers split over Maduro’s seizure. And, CDC cuts childhood vaccine schedule

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Lawmakers split over Maduro’s seizure. And, CDC cuts childhood vaccine schedule

Good morning. You’re reading the Up First newsletter. Subscribe here to get it delivered to your inbox, and listen to the Up First podcast for all the news you need to start your day.

Today’s top stories

Ousted Venezuelan President Nicolás Maduro and his wife, Cilia Flores, pleaded not guilty yesterday to federal charges, which include narco-terrorism. U.S. military forces seized them both from their country over the weekend. Yesterday marked their first appearance in a federal court in New York.

Protesters express their anger toward ousted Venezuelan leader Nicolás Maduro and fly the Venezuelan flag outside the Daniel Patrick Moynihan United States Courthouse in New York City on Monday.

José A. Alvarado Jr. for NPR


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  • 🎧 Before sitting down in court, Maduro made eye contact with reporters and wished them a “Happy New Year,” NPR’s Jasmine Garsd, who was in the courtroom, tells Up First. Flores walked in behind him and appeared to have a swollen eye and a bandaged forehead, which her lawyers explained came from her getting hurt during her capture. Outside the courthouse were heated exchanges between two groups of protesters: those who were against America’s intervention in Venezuela and Venezuelans celebrating Maduro’s capture. A man named Izzy McCabe says the capture is a ploy to take oil and foreign resources from Venezuela. Another protester, Maria Seu, said many countries have been living off Venezuela’s resources for years.

President Trump is set to meet with House Republicans at the Kennedy Center today as lawmakers call for more information on the operation in Venezuela and the U.S. role there moving forward. The meeting comes a day after top administration officials briefed Capitol Hill leaders on Maduro’s capture, leaving a largely partisan divide on the operation. Lawmakers questioned Trump’s decision not to inform Congress before carrying out the weekend seizure. Democrats say the action, which the White House is calling a law enforcement operation, is an act of war. Meanwhile, Republicans have largely aligned with the president’s stance on the situation.

  • 🎧 Democrats say the operation is just the latest example of the White House circumventing Congress, NPR’s Barbara Sprunt says. House Speaker Mike Johnson said Trump has the authority to deploy military forces to address threats to the U.S. When the president has joined meetings like the one he is expected to attend today in the past, it has become almost like a rally. Sprunt says she expects the same again today. The party is gearing up for the midterm elections, which means Venezuela will likely not be the only topic discussed.

The Centers for Disease Control and Prevention is reducing its number of recommended childhood vaccines from 17 to 11. The agency’s new schedule, which includes vaccines that had previously been recommended for all children — such as those for rotavirus, hepatitis A and B, meningitis and seasonal flu — is now more restrictive. The agency made these changes in response to a memo Trump issued in December directing health officials to align the U.S. schedule with those in “peer, developed countries” such as Germany and Japan.

  • 🎧 The new restrictions will lead to fewer children getting vaccinated, with consequences that could be seen for years down the line, Dr. Sean O’Leary, with the American Academy of Pediatrics, tells NPR’s Pien Huang. The agency implemented these changes without any new scientific developments behind them, Huang notes. The agency sidestepped its own advisory committee and didn’t consult vaccine makers.

Today’s listen

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Does the lack of winter sunlight drain your energy, or do you struggle to keep up with life’s demands during this season? If so, you may be experiencing seasonal affective disorder, or SAD. In this episode of It’s Been A Minute, host Brittany Luse shares the morning routine she developed for herself to combat this type of depression. She is also joined by Dr. Norman E. Rosenthal, a psychiatrist and scientist who first described seasonal affective disorder in the 1980s, to receive feedback on her SAD routine and learn about how we can all think differently about the rough winter months.

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Special series

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Trump has tried to bury the truth of what happened on Jan. 6, 2021. NPR built a visual archive of the attack on the Capitol, showing exactly what happened through the lenses of the people who were there. In “Chapter 2: Stop the Steal,” we look at how false claims of a stolen election mobilized Trump supporters.

On election night in 2020, Trump claimed victory and said the election was being stolen long before officials declared a winner. He and his allies launched the “Stop the Steal” movement almost immediately, even as U.S. courts rejected the widespread claims of election fraud. Trump campaign officials also admitted they found no evidence that could have changed the outcome of the election. Right-wing activists such as Infowars host Alex Jones and the white nationalist and Holocaust denier Nick Fuentes mobilized the movement. On the day that Congress was set to meet to certify the election, Trump pressured Vice President Mike Pence and Republicans in Congress to try to reject Biden’s victory. These videos highlight the movement that led to Jan. 6, 2021.

To learn more, explore NPR’s database of federal criminal cases from Jan. 6. You can also see more of NPR’s reporting on the topic, including an Instagram post debunking myths about looting.

3 things to know before you go

A pill form of Wegovy, the popular obesity drug previously available only by injection, is seen in a plastic tray.

A pill form of Wegovy, the popular obesity drug previously available only by injection, is now being stocked by pharmacies.

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  1. Pharmacies across the U.S. began stocking the pill version of the popular obesity drug Wegovy yesterday, offering patients an alternative to the injectable form.
  2. Minnesota Gov. Tim Walz ended his bid for a third term yesterday, saying that he wants to dedicate his final year in office to combating fraud in state programs rather than campaigning. (via MPR)
  3. Wegmans says it is using facial recognition technology in a handful of stores across multiple states to help identify people “previously flagged for misconduct.” (via WXXI)

This newsletter was edited by Suzanne Nuyen.

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US oil refiners gear up for comeback of Venezuelan crude

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US oil refiners gear up for comeback of Venezuelan crude

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US refiners are braced for a surge in Venezuelan crude that would make them early winners of President Donald Trump’s extraordinary plans for an energy-led regime change in Caracas.

Shares in America’s top refining groups jumped on Monday as traders bet their US Gulf Coast operations could snap up big volumes of Venezuelan heavy crude as Washington looks to ease sanctions and revive production.

Valero, the biggest US importer of Venezuelan crude, closed 9 per cent higher. Phillips 66 added 7 per cent and Marathon Petroleum 6 per cent. 

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“Our refineries in the Gulf Coast of the United States are the best in terms of refining the heavy crude,” said US secretary of state Marco Rubio on Sunday. “I think there will be tremendous demand and interest from private industry if given the space to do it.”

Trump this weekend touted the “tremendous amount of wealth” that could be generated by American oil companies returning to Venezuela’s oil sector after US forces captured President Nicolás Maduro and transported him to the US to face trial on drug-trafficking charges. 

That has sparked a burst of interest among energy investors keen to return to Venezuela — home to the biggest oil reserves in the world — decades after expropriations by Caracas led most to abandon the country. 

A flurry of executives was expected to arrive in Miami on Tuesday, where US energy secretary Chris Wright will pitch the benefits of channelling billions of dollars into reviving Venezuelan oil output, which has fallen from 3.7mn barrels a day in 1970 to less than 1mn b/d today as a result of chronic mismanagement, corruption and sanctions. 

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While any investment by US companies in rejuvenating Venezuelan oil production could take time, Gulf Coast refiners are well positioned to hoover up crude shipments as soon as sanctions are eased and more import permits are granted, something analysts say could happen quickly. 

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“Near-term, Gulf Coast refiners could be among the biggest winners of shifts that could occur here,” said Dylan White, principal analyst for North American crude markets at consultancy Wood Mackenzie. 

“The investment side of the coin in Venezuela is much more slow moving. It’s turning a very slow ship and it involves high-level decisions from a number of companies,” he said. “[But] sanctions policy changing in the US could change the economic benefits for US Gulf Coast refiners tomorrow.”

American refiners and traders import about 100,000-200,000 b/d of Venezuelan crude, down from 1.4mn b/d in 1997. Under current US sanctions, Chevron is the only American producer allowed to operate in the country and imports of Venezuelan crude are heavily restricted.

As much as 80 per cent of Venezuelan exports had been bound for China before the US imposed a naval embargo last month. Much of that could be quickly rerouted to the US if sanctions were lifted.

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“The natural proximal home for a lot of those Venezuelan heavy barrels would be the refining complex of the US Gulf Coast,” said Clayton Seigle, senior fellow at the Center for Strategic and International Studies, adding that the fact that the facilities were equipped to process Venezuelan heavy oil could explain “some of the short-term stock market reactions that we observed”.

Valero, Philips 66 and Marathon did not respond to requests for comment on their plans.

US refineries were largely set up before the shale revolution made America the world’s biggest oil producer. Almost 70 per cent of US refining capacity is designed primarily to handle the heavy grades common in Venezuela, Canada and Mexico rather than the light, sweet variety found in Texas oilfields, according to the American Fuel and Petrochemical Manufacturers.

Consultancy S&P Global Energy estimates that from 1990 to 2010, US refiners spent about $100bn on heavy crude processing capabilities, just before the fracking boom sent American production soaring.

“This finally gets some of the [return on investment] back,” said Debnil Chowdhury, Americas head of refining and marketing at S&P, of the potential for a return to significant imports of Venezuelan heavy oil.

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“We had a system that was kind of running de-optimised for the last 10-15 years. And this allows it to get a little bit closer to what it was designed for — which means slightly higher yields, higher margins.

“You get to basically use your asset more how it was designed because you’re getting the feedstock it was designed for.”

Data visualisation by Eva Xiao in New York

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