The chairmen of five key Senate committees on Thursday warned executives at major convenience stores and wholesalers to stop selling illegal vaping products in what they called “extensive violations of federal law.”
The senators expressed their concerns in letters to the companies, adding to the frustration of some lawmakers in Congress over the continued availability of brightly colored and candy-flavored e-cigarettes that attract young people who could become addicted to nicotine. Uncontrolled sales, they wrote, “pose a formidable threat to public health.”
“The FDA and the industry must do more to address the youth vaping epidemic and immediately remove unauthorized vaping products from their shelves,” said Sen. Dick Durbin of Illinois, the Democratic whip.
The letters were addressed to retailers including 7-Eleven, Circle K, bp America, Pilot, Kwik Trip and others. The Food and Drug Administration has previously issued warnings about sales of unauthorized brands such as Elf Bar, EB Design and Funky Republic.
The senators’ letters reminded the companies that Congress gave the FDA authority over tobacco products in a landmark 2009 law. Selling unapproved items can result in fines or an order to stop selling tobacco products, the letter noted.
“Today, millions of children are using unauthorized e-cigarettes, putting them at risk of nicotine addiction, respiratory illnesses, worsening depression and anxiety, and many other harms,” ​​the letter to Joseph DePinto, 7-Eleven’s CEO, read. The company did not respond to a request for comment.
To date, the FDA has approved 23 vaping products and rejected millions of applications. It has allowed sales of some vapes that remain under review, including some of the Juul and Vuse.
Some gas station retailers, represented by the Energy Marketers of America, found the situation so murky that they formally petitioned the FDA to clarify which e-cigarettes they can sell.
“We have repeatedly asked the FDA for complete information about what can — and cannot — be sold in stores, and they have refused to provide it,” Jeff Leonard, a spokesman for the National Grocers Association, said in an email. “It is time for the FDA to provide this clarity and aggressively enforce the law.”
Brian King, director of the FDA’s Center for Tobacco Products, said the 23 approved e-cigarette devices are the only ones that can be sold “legally in the U.S.,” and added that selling other products puts sellers at risk of seizure, injunctions or criminal charges. clauses.
“The FDA will continue our comprehensive actions across the supply chain to protect our nation’s youth from the harms of tobacco products,” said Dr. King. The agency has issued more than 440 warning letters and 100 fines to retailers accused of selling unauthorized tobacco products.
Public health experts have made repeated calls for the FDA to complete its review of e-cigarette sales applications and clear the market of illegal vaping. The agency said it would complete the review by June 30. So far, it has only approved tobacco-flavored e-cigarettes and recently rejected several menthol varieties.
A study released last summer showed that limiting flavored vapors could work: About 40 percent of teens said they would quit e-cigarettes if only tobacco and menthol were available, and 70 percent would if only smoke-flavored vapors circulated.
“What it says is that in this context, young people are saying, ‘If tobacco was the only flavor, I don’t know if I would continue to use this product,'” said Alayna Tackett, assistant professor at the Tobacco Center. Research at Ohio State University. He noted that predicted behavior may not reflect what young people actually do.
Vaping levels among teenagers have fallen sharply after a surge in popularity in 2019, when about 28 percent of high school students reported using e-cigarettes in the past month. That level fell to about 10 percent in a similar survey last year.
Proponents of e-cigarettes for adults point to these statistics as proof that the teenage crisis has subsided and say the FDA should keep the flavors available to those trying to quit traditional cigarettes.
Concerns about e-cigarette use are growing worldwide. In January, Britain announced it would ban flavored disposable e-cigarettes after a survey showed one in five 11- to 17-year-olds reported vaping in the past year.
In December, the World Health Organization called for “urgent action” to protect children from e-cigarettes and said many nations had no age limit for the products. E-cigarettes are highly addictive, he said, and “produce toxic substances, some of which are known to cause cancer and some of which increase the risk of heart and lung disorders.”
Recent studies show the value of e-cigarettes for smokers seeking to quit – alongside the risks for those who continue to smoke and vape. A study published in January found that nearly 16 percent of smokers who switched to e-cigarettes remained smoke-free six months later. This rate was similar to those who took the smoking cessation drug Chantix and better than those who used nicotine gum.
Another study released last month found that so-called dual users of cigarettes and vaping faced higher risks of heart disease, stroke and asthma.
“E-cigarettes are, for some diseases, as harmful as a cigarette,” said Stanton Glantz, lead author of the study. “For others, it’s a little better. But they’re not much better, and dual use is always worse.”
In addition to Mr. Durbin, the other senators who signed the letter were Ron Wyden, Democrat of Oregon; Bernie Sanders, independent from Vermont. Sherrod Brown, Democrat of Ohio. and Richard Blumenthal, Democrat of Connecticut.
