In a rare show of unity, Republicans and Democrats on the US Senate Judiciary Committee joined forces on Wednesday to criticize the US Food and Drug Administration and the US Department of Justice for their perceived inaction on the country’s youth vaping epidemic. Three years ago, a federal court ruled that the FDA was violating the Tobacco Control Act by allowing unauthorized e-cigarette products to remain on the market. Despite claiming that the issue is a “top priority,” the FDA missed the September 2021 deadline set by the court to review applications from e-cigarette makers.
According to a study, an estimated 2.1 million children have been regularly using e-cigarettes since the court-ordered deadline passed. The majority of these children are using flavored products, which have been a particular point of contention during the hearing. Senator Dick Durbin of Illinois expressed his frustration at the FDA’s failure to take action, highlighting the availability of illegal flavored e-cigarettes just a mile away from the FDA headquarters. He questioned how such sales could occur under the agency’s watch.
Dr. Brian King, director of the FDA’s Center for Tobacco Products, defended the agency’s efforts by pointing out the overwhelming number of applications they have received from e-cigarette manufacturers. However, Senator Marsha Blackburn of Tennessee expressed her disappointment at the lack of a clear plan moving forward.
The FDA has authorized only 23 e-cigarette products since June, none of which are flavored, while hundreds of thousands of applications are still pending. The increase in flavored tobacco products being sold in the US has raised concerns among lawmakers, who argue that these products are designed to appeal to children.
The issue of enforcement also came under scrutiny during the hearing, with the FDA conducting thousands of inspections resulting in nearly 900 warning letters. Arun Rao from the Department of Justice admitted that many manufacturers exploit the premarket authorization process, making illegal products easily accessible. This week, the FDA announced the creation of a task force to combat the illegal sale and distribution of e-cigarettes.
Dr. Susan Walley of the American Academy of Pediatrics emphasized the dangers of nicotine on teen brains, while representatives from the vaping industry expressed their dissatisfaction with the FDA’s approval process. High school senior Josie Shapiro shared her struggles with vaping addiction, emphasizing the need for the federal government to crack down on illegal products.
Overall, the hearing shed light on the various challenges faced in addressing the youth vaping epidemic and the urgent need for action from both the FDA and the Department of Justice.
