During oral arguments for Food and Drug Administration v. Wages and White Lion Investments, LLC on December 9th, the U.S. Supreme Court appeared divided over tobacco industry claims that the Food and Drug Administration (FDA) unlawfully rejected millions of flavored e-cigarettes for approved sale due to concerns about nicotine addiction among young people.

In fact, several justices noted that even if the vape manufacturers loses the case, they could reapply for approval with the FDA via a new application. Also of note is that, while the first Trump administration stood firmly against the marketing and sale of sweet and candy-flavored vapes, president-elect Donald Trump said during the recent campaign that he wants to “save” flavored vapes.

Nearly a quarter of high school students who use e-cigarettes consume illicit menthol-flavored varieties, according to the 2023 National Youth Tobacco Survey.

The case will be decided before the end of the Supreme Court’s term in June 2025.

Source: ABC News

On December 4th, the U.S. Department of Education (USDE) issued a new 37-page resource titled Planning Together: A Playbook for Student Personal Device Policies that urges schools, school districts, and states to adopt policies to guide student use of cellphones and other personal devices in collaboration with families, students and educators. In lieu of recommending specific actions educators should take, the USDE recommends that policies are developed in consideration of local context and that policy decisions include input from parents, students, educators, and administrators.

The release is a result of more states and school districts restricting students use of cellphones during the school day in response to concerns that the devices distract from schoolwork and can hinder student mental health, but there has been opposition to these restrictions. The release is also in response to a May 2023 White House Fact Sheet announcing actions to protect youth mental health, safety, and privacy online

According to a statement by U.S. Secretary of Education Miguel Cardona, “In this digital age, every elementary, middle, and high school should have a clear, consistent, and research-informed policy to guide the use of phones and personal devices in school.” He also supports education officials and local communities in making informed local decisions in developing policies that are “understandable and enforceable, and prioritize learning while ensuring student safety.”

The resource suggests that when communities collaborate with educators, families and students to create cellphone use polices, they address certain questions, including: 
–When phone use is not permitted, where and how are phones stored?
–How do policies protect the rights of students, including students with disabilities, adhering to their individualized education plan?
–Are there other considerations for underserved students such as English language learners?
–How do policies vary with the ages of students
–What training is provided for staff and students
–How can school districts and schools assess whether policies are working and how to refine them?

The National Parents Union, which released in survey results in September that found 78% of parents polled want their children to have cellphone access during the school day in case there’s an emergency, voiced support for the guidance.

Click to access Together: A Playbook for Student Personal Device Policies.

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