The US Senate criticizes the authorities' management of illegal electronic cigarettes
In a session Wednesday, senators sharply criticized health and justice officials for their failure to stem the rise of illegal e-cigarettes in the United States, a multibillion-dollar market that thrives because of inconsistent application of laws.
Members of the Senate Judiciary Committee, both Democrats and Republicans, have expressed frustration with officials from the Food and Drug Administration (FDA) and the Department of Justice (DOJ) over efforts to rein in the vaping industry, which now includes thousands of unauthorized flavored e-cigarettes from China.
These products, including brands like Elf Bar, have become the preferred choice for American teens who vape.
“I simply don't understand how the FDA and DOJ have allowed thousands of products to remain on shelves when their manufacturers have not received authorization, or in some cases, have not even filed request,” said committee Chairman Dick Durbin.
The Illinois senator showed a photo of a shelf filled with brightly colored e-cigarettes, including flavors like dragon fruit and watermelon bubble gum, taken by a Senate staffer at a retail store. vape near the FDA campus in Maryland.
“These illegal products, clearly aimed at children in their flavors, are being sold in the shadow of the FDA building,” Durbin said. " How is it possible ? »
Brian King, the FDA's tobacco chief, said the agency is slowed by a backlog of applications submitted by vaping companies seeking approval in the United States, which regulators are legally required to review.
“The sheer volume of this product landscape requires that we take the time to conduct scientifically and legally defensible reviews of all 27 million applications,” King said.
The FDA has approved a handful of e-cigarettes as alternatives for adult smokers. All other products on the market, including major brands like Juul, are awaiting review or deemed illegal by regulators.
An industry lobbyist told the committee that the FDA has created an untenable market by rejecting more than 99 percent of applications submitted by companies.
Lawmakers also heard testimony from a high school student who said she became addicted to nicotine after trying a “blueberry ice” vape in third grade.
“I thought I was just enjoying the flavors but soon my 14-year-old brain craved nicotine more and more,” said Josie Shapiro of Seattle. “I've tried to quit vaping over and over again, but it's really, really hard. »
The FDA and DOJ have banned about half a dozen vaping companies for selling products that may appeal to young people, but many other manufacturers continue to release new products, mostly disposable vapes that cannot be refilled and are thrown away after use.
Deputy Assistant Attorney General Arun Rao told senators that regulators at the DOJ and other agencies have signaled that the vaping problem “is a priority for the executive branch.” »
“I’m against signals,” Durbin retorted. " Do something ! »
On Monday, the FDA and DOJ announced a new government task force, which will include the U.S. Postal Service and other agencies, to try to resolve the problem. This measure was recommended in 2022 by an external panel that examined long-standing complaints about the FDA's tobacco program.
Republican Senator Thom Tillis called the timing of the announcement a "political stunt," and criticized the absence of other federal agencies from the initiative, including Customs and Border Protection (CBP).
“If the timing of the task force's formation was not evidence of the FDA's lack of seriousness in tackling the influx of illicit e-cigarettes, CBP's exclusion from the task force makes it even clearer,” said Tillis, who represents North Carolina, the nation’s leading tobacco producer. He urged officials to focus enforcement efforts on Chinese brands, rather than large domestic manufacturers like Reynolds American.
The FDA can investigate and recommend cases, but only the Department of Justice can prosecute. Federal prosecutors may decline to pursue cases for a variety of reasons, including competing priorities, weaknesses in the case, or the potential repercussions of losing in court.
Using its own authorities, the FDA has sent hundreds of warning letters to vape stores and e-cigarette manufacturers in recent years. But those letters have had little effect in deterring companies from violating FDA rules and introducing new vapes.
Industry analysts estimate that disposable vapes make up 30 to 40 percent of the vaping market, valued at around $7 billion. The two best-selling disposable vape brands, Breeze and Elf Bar, generated more than $500 million in sales last year, according to Nielsen retail sales data analyzed by Goldman Sachs.
Both brands have been sanctioned by FDA regulators but remain widely available, in some cases with new names, logos and flavors. More than half of the 2,8 million U.S. teens who vaped last year reported using Elf Bar.
King noted that products like Elf Bar cannot be sold legally in China because the government there has banned non-tobacco flavored e-cigarettes.
“You can’t sell them in China but you can sell them in the United States?” » replied Senator John Cornyn of Texas. The Republican promised to introduce legislation to address what he called the “outrageous and unacceptable status quo.” »
Overall, vaping among teens has fallen 60% since its historic peak in 2019, after the COVID-19 pandemic and new age restrictions and flavor bans on e-cigarettes and other tobacco products.
