While vaping among youth is declining, more than 1.6 million children use the products, according to the Centers for Disease Control and Prevention. Nearly 90% of them consume illicit flavored brands. ????? ???????

Kid-friendly flavors, such as fruit, candy, mint, menthol and desserts -- which are largely not approved by the FDA and are currently sold on store shelves illegally -- have been fueling an explosion in retail sales of e-cigarettes. ????????????  

The ruling effectively holds the line on the government's decision to severely limit the number of flavored tobacco products legally available in the U.S. market out of concerns over the impact on children. ?????

"In the end, we cannot say that the FDA improperly changed its position with respect to scientific evidence, comparative efficacy, or device type," Alito wrote. He returned the case to a lower court for further review. ????? ???????  

Justice Samuel Alito, in his opinion for the court, rejected the manufacturers' claims that the agency had acted arbitrarily and capriciously in violation of federal law by changing the requirements for product approval in the middle of the process. ????????????