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Flavored Vape Case, Intel Ouster, and 2024 in Photos

US Supreme Court hears arguments in case challenging FDA's block on flavored e-cigarette products. Intel's CEO abruptly retires following suspected board ouster. Find these stories and more in today's digest.

 

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Good morning. It's Tuesday, Dec. 3, and we're covering a legal showdown over flavored vapes banned by the FDA, an ouster at America's once-largest chipmaker, and much more. First time reading? Join over 4 million intellectually curious readers. Sign up here.

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Need To Know
 

SCOTUS Mulls Flavored Vapes

The US Supreme Court heard arguments yesterday in a case challenging the Food and Drug Administration's block on flavored e-cigarette products. The FDA has rejected over a million marketing applications for sweet-flavored vapes, citing youth addiction concerns. The case stems from a challenge by Triton, a company selling products like "Rainbow Road” and “Crème Brulee.”

 

Vaping companies argue the products help adults quit smoking and claim the FDA changed the requirements without notice after the applications were submitted. The FDA contends flavored e-cigarettes pose substantial health risks to children, outweighing potential benefits for adult smokers. The agency said its denial of applications followed procedures outlined in the Administrative Procedure Act, which governs federal agency rulemaking processes. 

 

The case comes as youth vaping usage levels are at their lowest in a decade. Currently, roughly 6% of middle and high school students use e-cigarettes, with nearly 90% of them consuming flavored brands. Those numbers are down from epidemic levels in 2019. The FDA has authorized the marketing of 34 e-cigarette products, all in tobacco and menthol flavors.

 

How the Chips Fall

Intel CEO Pat Gelsinger has abruptly retired, ending a nearly four-year term after a reported ouster by the chipmaker's board. Two high-level Intel executives will serve as interim co-CEOs while the board seeks a permanent replacement.

 

The shake-up comes as Intel's stock has dropped roughly 57% since 2020, bringing its market cap to $103B. Founded in 1968, Intel led the semiconductor chip industry for decades and currently powers roughly 78% of personal computers (see how chips are made). However, analysts say the company missed two trends: the pivot to mobile in the mid-2000s and the more recent AI chip boom.

 

Gelsinger was tasked with turning Intel's business around, helping the company win government investment, and seeking to manufacture chips for competitors. But in October, Intel posted a roughly $16B quarterly loss—the worst performance in its history—amid challenges, including production delays and competition from AI chip giant Nvidia. Meanwhile, Nvidia replaced Intel in the Dow and became the world’s second-most valuable company at $3.4T. 

 

French Government Wavers

French Prime Minister Michel Barnier faces a no-confidence vote as soon as tomorrow after he invoked a constitutional provision yesterday to push through a contentious budget without a final parliamentary vote.

 

The former Brexit negotiator's move upset lawmakers in France's hung parliament, where no party holds an absolute majority after President Emmanuel Macron called snap elections in June. Opposing parties, including a left-wing alliance and Marine Le Pen's conservative populist National Rally, filed motions yesterday for no-confidence votes, potentially jeopardizing the center-right Barnier and his cabinet. If Barnier is ousted, his government will be the first to fall to a no-confidence vote since 1962 and the most short-lived since its current system, the Fifth Republic, began in 1958. 

 

The 2025 budget seeks to shrink France's deficit and includes $42B in spending cuts and $21B in tax increases; it has faced widespread criticism from lawmakers and the public. Amid the impasse, France's financial markets have reeled while the country's borrowing costs have increased to the same level as debt-ridden Greece. 

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In The Know
 

Sports, Entertainment, & Culture

> Kendrick Lamar's "GNX" album tops Billboard 200 chart, his fifth consecutive album atop the charts; "Wicked" film soundtrack debuts at No. 2 (More

> Fifty-six people die in southeast Guinea from violence and crowd surge following a controversial call made by a referee at a soccer match (More

> Ted Danson tapped to receive Carol Burnett Award at 2025 Golden Globes (Jan. 5) (More) | "Moana 2" officially breaks all-time five-day Thanksgiving Day weekend US domestic box office record, hauling in $225M in its debut (More)

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Science & Technology

> Paralyzed patients regain control of their leg muscles and ability to walk after scientists apply deep brain stimulation to the lateral hypothalamus; brain region is not typically associated with motor control (More

> Researchers demonstrate photonic processor—computer chips using light to process information—for potential use in AI applications; would allow ultrafast, high-efficiency AI calculations (More

> Scientists begin study of remains of a spade-toothed whale in New Zealand; animal is world's rarest whale species, with only seven documented since 1880 (More

 

Business & Markets

> US stock markets close mixed (S&P 500 +0.2%, Dow -0.3%, Nasdaq +1.0%); S&P 500, Nasdaq rise to new intraday highs and close at new records (More)

> Stellantis shares close down over 6% after CEO Carlos Tavares resigns following board dispute amid stagnating US sales (More) | Volkswagen workers in Germany strike in largest walkout since 2018 as company plans to shutter three plants (More) | Tesla CEO Elon Musk loses legal challenge to reinstate $56B pay package (More

> Super Micro Computer shares close up nearly 29% after independent review finds no evidence of accounting fraud; review recommends installing new chief financial officer, chief compliance officer, and general counsel (More

📈 1440 Business & Finance: This week, we're exploring retirement savings, from the difference between traditional and Roth IRAs to the story of a founder who turned their IRA into $5B. Sign up here to receive it Thursday!

 

Politics & World Affairs

> Israel and Hezbollah militants reportedly trade fire at disputed border zone despite US- and French-brokered ceasefire that began last week (More) | Israeli American soldier thought to have been taken hostage in Hamas' Oct. 7, 2023, attack now presumed dead, per Israel's military (More) | See war updates (More)

> Iranian-backed Iraqi militias enter Syria to assist the Assad government's counteroffensive against rebels who have taken control of Syria's largest city of Aleppo (More) | See previous write-up (More

> Jury deliberations to begin today in trial of Daniel Penny, a former Marine charged in the May 2023 death of Jordan Neely on a New York City subway train (More

 

In-Depth

> Under the Influencers

The Verge | Mia Sato. A lawsuit between two female influencers over their matching, beige aesthetic begs the question: Can taste be protected by copyright? (Read)

 

> The Brain Microbiome

The Guardian | Amy Fleming. The gut is known to host a critical microbiome—but could the bacterial makeup of the brain play a role in degenerative brain diseases like Alzheimer's and dementia? (Read)

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Etcetera
 

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Clickbait: Japan unveils chilled drinkable mayo

 

Historybook: Rock star Ozzy Osbourne born (1948); Actress Julianne Moore born (1960); First human heart transplant carried out (1967); Mikhail Gorbachev and George HW Bush declare end to Cold War (1989); Pulitzer Prize-winning poet Gwendolyn Brooks dies (2000). 

"Poetry is life distilled."

- Gwendolyn Brooks

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