Illegal vaping products are packing convenience store shelves, and consumer advocates put the blame at the feet of the Food and Drug Administration (FDA). In particular, its foot-dragging on enforcing current laws and authorizing new products.
Now one advocacy group is taking its complaints to the streets — literally.
FDA employees at the agency’s D.C. office have been greeted in recent days by a signboard truck with the message, “FDA inaction has enabled Chinese disposable vapes in kid-friendly flavors to flood store shelves and America’s streets.” The graphic features a man with colorful illicit vapes inside his coat, flashing them at would-be customers. Think drug dealer meets candy store owner.
Consumer Action for a Strong Economy (CASE) is behind the campaign and plans to use the truck to circle the FDA and demand it stop allowing Chinese companies to exploit a loophole to target disposable, flavored vapes to minors.
“What is worse is these products are entirely unregulated and often contain unknown ingredients that may include toxins and illegal amounts of nicotine,” said CASE Chairman Gerard Scimeca. “The FDA is either asleep at the switch or simply doesn’t care to enforce the law, either of which is entirely inexcusable as underage vaping is rising to epidemic levels.”
Using the FDA’s own words against the agency, a webpage from CASE says the FDA has promised to continue to work as expeditiously as possible to remove illegal products from the market while identifying new ways to strengthen compliance and enforcement.
The specific issue is FDA policy banning flavors other than tobacco and menthol cartridges used in some types of e-cigarettes. Disposable e-cigarettes don’t use cartridges and are untouched by the ban. The result is “when you walk into your local convenience store, look across the counter, you will see these disposable e-cigarette products in flavors such as iced apple mango, strawberry, and pineapple lemonade — selling at affordable prices.” So said Jason Altmire, a former member of Congress and an adjunct professor of health care management at the Texas Tech University Health Sciences Center. He also supports closing the loophole.
Scimeca noted, “The most popular disposable vapes with child-enticing flavors are coming from China, and therefore are not subject to FDA regulations or oversight. This means that there is no transparency into what our youth are ingesting, or the content of the e-liquid in these flavored, disposable vapes.” China is also the source of the vast majority of illegal vape products, another market that is flourishing thanks to FDA foot-dragging, critics say.
If the agency would approve more legitimate products from U.S. and European companies, adult smokers looking to switch from traditional cigarettes would have more options. One of those companies is Philip Morris International, which has announced its “world without cigarettes” initiative and is trying to expand the market for its alternative products.
“Today, adults who smoke are left with few legal smoke-free alternatives while store shelves continue to be overrun by illegal e-cigarettes, which flout Food and Drug Administration rules,” said PMI’s Sam Dashiell. “Dr. Brian King, Director of FDA’s Center for Tobacco Products (CTP) recently said the agency will work with the Department of Justice, and other government agencies, to beef up enforcement of U.S. law, (and) we urge them to begin doing so immediately.”
PMI does not fund CASE or have any connection to its rolling ads targeting the FDA, Dashiell noted.
The loophole has also gotten the attention of organizations fighting underage vaping, including Parentship to End Addiction, which stated in 2020 that some disposable e-cigarette brands “are imported from China” and “have a higher nicotine level than Juul.” Minors are not age-eligible to vape, let alone buy flavored vapes. However, stores have been caught over the years selling vape products to minors. Other minors are purchasing products from businesses that buy items internationally and sell to minors on social media platforms.
“These products have taken over the US market, with no regard for the law,” CASE said in a statement, “Allowing Chinese manufacturers to control the vaping industry via FDA inaction is inexcusable and jeopardizes not only the health of our kids but also that of anyone who has chosen to vape as a healthier alternative to cigarettes.
“It’s time for the FDA to step up.”
