The Supreme Court announced Tuesday it will hear arguments on the limits of flavored e-cigarettes and whether states can bar minors from accessing porn websites by requiring users to enter personal information in order to verify their age.
At issue in the porn verification dispute is Texas H.B. 1181, which requires pornographic companies to have age verification measures for users to access their sites. Users have to prove they are adults by showing identification or by other methods.
The state’s goal was to deter the flow of adult images and materials to minors. A company that violates the state’s requirement could face civil fines of more than $10,000.
The Free Speech Coalition challenged the law, saying the age verification process infringes on adult use of porn sites by requiring individuals to enter too much personal information and runs afoul of the First Amendment.
A lower court sided with Texas.
The vaping legal dispute involves the Food and Drug Administration’s denial of marketing authorization for flavored e-cigarettes or vapes by Triton Distribution.
The company had said the flavors would help adults switch to its products instead of smoking traditional cigarettes, but the FDA said the flavors would attract minors and pose a risk to public health.
A lower court sided against the FDA over its denial of the company’s marketing authorization.
It took at least four justices to vote in favor of reviewing both the porn age verification law and the FDA’s marketing denial for flavored vapes.
Both cases will be argued during the court’s 2024 term, which begins in October.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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