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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.
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.
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.
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: Prosecutors Charge Nick Reiner With Murdering His Parents
new video loaded: Prosecutors Charge Nick Reiner With Murdering His Parents
transcript
transcript
Prosecutors Charge Nick Reiner With Murdering His Parents
Los Angeles prosecutors charged Nick Reiner with two counts of first-degree murder in the deaths of his parents, the director Rob Reiner and Michele Singer Reiner.
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Our office will be filing charges against Nick Reiner, who is accused of killing his parents, actor-director Rob Reiner and photographer-producer Michele Singer Reiner. These charges will be two counts of first-degree murder, with a special circumstance of multiple murders. He also faces a special allegation that he personally used a dangerous and deadly weapon, that being a knife. These charges carry a maximum sentence of life in prison without the possibility parole or the death penalty. No decision at this point has been made with respect to the death penalty.
By Shawn Paik
December 16, 2025
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Nick Reiner will be charged with first degree murder in his parents’ killing
Michele Singer Reiner, Rob Reiner and their son Nick in 2013.
Michael Buckner/Getty Images for Teen Vogue
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Michael Buckner/Getty Images for Teen Vogue
Nick Reiner, the 32-year-old son of filmmaker Rob Reiner and photographer Michele Singer Reiner, is being charged with two counts of first degree murder. Los Angeles County District Attorney Nathan J. Hochman said at a press conference Tuesday that the charges include a “special circumstance” of multiple murders and a “special allegation” that Reiner used a dangerous and deadly weapon — a knife.

The charges carry a maximum sentence of life in prison without the possibility of parole.
“No decision at this point has been made with respect to the death penalty,” Hochman added.
Hochman called Rob Reiner an “iconic force in our entertainment industry” and his wife Michele Singer Reiner an “equally iconic photographer and producer.” The police became aware of their deaths on Sunday after a call from the fire department. Los Angeles Police Chief Jim McDonnell said the cause and time of the deaths aren’t available at this time as they await updates from the coroner’s office.
Alan Hamilton, deputy chief of the Los Angeles Police Department, said that Nick Reiner was arrested in public on Sunday, in the Exposition Park area of Los Angeles, near the University of Southern California campus. In response to questions, McDonnell said he was unable to say whether or not Nick Reiner was under the influence of drugs at the time of his arrest. Reiner had been open about his struggles with addiction in the past.


When asked whether there was evidence of mental illness in Nick Reiner’s background, Hochman said “any evidence, if there is any” would be presented in court. Hochman wouldn’t answer a question about whether Reiner admitted to the crimes, saying that is the type of evidence that would come out in court.
Hochman emphasized that “charges are not evidence” and that his office would be presenting evidence to jurors in a court of law. He asked people to rely on trusted sources and not hearsay about the case.
He said that, as in any case, his office would be taking “the thoughts and desires of the family into consideration.”
Prosecutors are filing charges Tuesday afternoon. Reiner is going through medical clearance – a normal process, according to officials – and will be brought to court for arraignment, where he will enter a plea. Reiner is currently being held without bail.


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Video: Nick Reiner Talked Openly About His Addiction Struggles
new video loaded: Nick Reiner Talked Openly About His Addiction Struggles
transcript
transcript
Nick Reiner Talked Openly About His Addiction Struggles
Nick Reiner was arrested and booked on suspicion of murder after his mother and father, the movie director Rob Reiner, were found dead in their home. The younger Reiner had been open about his struggles with drug abuse and homelessness.
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“I was scared to get in trouble…” “We’re talking with Nick Reiner and his father, Rob Reiner.” “I think I’m lucky in the sense that I have parents that care about me. And because of that, when I would go out and do, you know, things like drugs and stuff like that, I’d feel a tremendous amount of guilt because I’d think, oh, you know, they’re thinking about me right now. They want me to do good.” “How was it working with your son?” “Oh, good, good.” “Deep down, he trusted that we loved him and that we were there for him. And that put a little bit of a break on certain things. I mean, it’s a desire to survive.”
By Shawn Paik
December 16, 2025
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