Bruce: China again skirts rules, endangers young Americans

Letter to the editor

In January 2020, the U.S. Food and Drug Administration (FDA) announced a major new policy initiative essentially removing pod-based flavored e-cigarettes. “Under this policy, companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) within 30 days risk FDA enforcement actions,” an FDA press release read. The policy also targeted “any [electronic nicotine delivery systems] (ENDS) product that is targeted to minors or likely to promote use of ENDS by minors.”

Again, this policy was announced in January 2020.

Have you seen any flavored vape products that appeal to minors in the three-and-a-half years since this policy was put in place? I sure have. Just the other day, in fact, I saw entire store shelves full of candy-flavored vape products with brightly-colored packaging, clearly intended to target young consumers.

What is going on here?

The thing about government policies is that they must be enforced. And the FDA has failed utterly to enforce the prohibition against flavored, disposable ENDS products from China. To date, the extent of the FDA’s enforcement has been little more than a few hundred warning letters to companies marketing illegal e-cigarettes, a woefully insufficient follow-through to their big policy announcement.

Chairman James Comer of the House Committee on Oversight and Accountability has rightfully voiced his concerns over the FDA’s shortcomings, emphasizing the need for meaningful enforcement action. In a letter to FDA Commissioner Robert Califf, Comer drew attention to the lack of a well-publicized list of authorized products for retailers and the dire consequences of allowing unapproved items to flood the market. Urging the FDA to prioritize the removal of products appealing to underage users, Comer pointed out that the current state of affairs renders the regulatory effort seemingly pointless.

Worse still, while U.S.-based companies have complied with the new policy, Chinese manufacturers have demonstrated no such scruples. As the Associated Press revealed in a recent investigative report, the rapid growth in the U.S. vape market has been “driven almost entirely by a wave of unauthorized disposable vapes from China.” Chinese vape companies have used the FDA’s failure as an opportunity to flood the U.S. with their illicit products, capitalizing on regulatory loopholes and posing significant risks to public health. It is high time Congress addressed this urgent issue before irreparable damage is done.

The statistics from the National Youth Tobacco Survey are startling, with 85% of young consumers of vape products saying they regularly use flavored products. A recent NPR report detailed how desperate parents have taken matters into their own hands to stop local retailers from distributing these illegal products by forming groups like Parents Against Vaping and recruiting local officials to take action where the FDA has failed.

The urgency of this situation cannot be overstated. The FDA must take immediate and comprehensive action to address the flood of illicit and unregulated e-cigarette products, particularly those originating from China. Enhanced enforcement efforts, including hefty fines and the removal of illegal products from shelves, must be prioritized. Simultaneously, cooperation with international partners to curb the production and import of these harmful goods is essential.

Furthermore, it is imperative to establish clear guidelines and regulations for the e-cigarette industry. By closing regulatory loopholes and streamlining the authorization process, we can ensure that only regulated and science-backed products reach the market. This will not only protect public health but also foster a level playing field for responsible manufacturers who invest in harm reduction and adhere to regulatory standards.

Rep. Kat Cammack, who has shown repeatedly that she understands the threat China poses to the U.S., should work with her colleagues to hold the FDA accountable and stop the rampant spread of illegal Chinese vaping products in the U.S.

Marlon Bruce, Gainesville
Marlon Bruce is the founder and Chairman of Win America PAC

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