It’s been over four years since the Food and Drug Administration announced a ban on flavored e-cigarettes enforcement. However, these products are still available in local smoke shops and online stores, making them easily accessible to teenagers.
Congress is now focusing on the lack of enforcement and urging the FDA to take stronger actions.
The Senate Judiciary Committee is conducting a hearing with the head of the FDA’s Center for Tobacco Products, responsible for regulating tobacco products. They will also hear from a Department of Justice official, anti-smoking advocates, and others.
Although nicotine products are illegal for those under 21, the latest National Youth Tobacco Survey revealed that 2.8 million high school and middle school students are tobacco users, with about 70% of them using flavored e-cigarettes like ElfBars.
Stacey Younger Gagosian, the senior vice president for public policy at the Truth Initiative, mentioned that teenagers often underestimate the amount of nicotine they consume due to the increasing volume, affordability, and higher nicotine content of these products.
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The FDA is tasked with approving nicotine products before they are sold in the U.S. Currently, only 23 e-cigarette products have been authorized, and none of them are flavored.
Younger Gagosian highlighted that while some authorized products could be beneficial for adult smokers who switch completely, others, especially those favored by young people, have not shown any positive effects.
The recent crackdown on flavored e-cigarettes by the Center for Tobacco Products has resulted in fines for nearly 60 manufacturers and 140 retailers for violating regulations.
While the Center for Tobacco Products is funded by industry fees, it cannot collect fees from e-cigarettes, limiting its resources for enforcement. Changing this would require congressional action.
In response to Scripps News, an FDA spokesperson acknowledged the challenges of enforcing regulations effectively with limited resources.
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The Biden administration, in collaboration with the Department of Justice and the FDA, has established a new task force to combat the illegal distribution and sale of e-cigarettes, a move advocated by anti-smoking groups.
Younger Gagosian emphasized the need for extensive federal and state coordination and cooperation to address the significant issue of youth e-cigarette use.