On June 12, 2024, the Senate Judiciary Committee convened for a hearing on combatting the youth vaping epidemic by enhancing enforcement against illegal e-cigarettes. Committee Chair, Senator Dick Durbin (D- IL), noted an alarming level of youth using e-cigarettes and the failure of federal agencies to protect children from the addiction associated with use. A video was also played, highlighting the issues related to youth e-cigarette use.
The first panel included Brian King, Ph.D., MPH, the Director of Center for Tobacco Products for the U.S. Food and Drug Administration, and Arun Rao, the Deputy Assistant Attorney General for Consumer Protection Branch in the Civil Division of the U.S. Department of Justice. Chairman Durbin questioned the witnesses on the FDA’s proceedings in authorizing e-cigarettes for sale and highlighting the fact that companies have the burden of proof in the authorization process. Senators Thom Tillis (R-NC) and Mike Lee (R-UT) wanted to understand why, if not authorized by FDA, are flavored e-cigarettes being widely sold in convenience stores and vape shops. Dr. King and Mr. Rao were unable to provide a clear answer to this question, as well as the numerous questions related to the lack of proactive measures aimed at eliminating these products.
Senator Marsha Blackburn (R-TN) asked about the relationship between social media and marketing to youth. Senator Ossoff (D-GA) focused on fentanyl-laced e-cigarette products and that no non-tobacco flavored e-cigarette products are currently FDA approved. Senator Richard Blumenthal (D-CT) shared concerns about underage use of flavored e-cigarettes and questioned why the FDA has allowed these illegal products to remain on the market. Dr. King remained firm in his commitment to the scientific investigation of all products in review. Senator John Cornyn (R-TX) emphasized the need for a legislative response.
The second panel consisted of Tony Abboud, the Executive Director of the Vapor Technology Association, Yolanda Richardson, the President and CEO of the Campaign for Tobacco Free Kids, Josie Shapiro, a high school student, David Spross, the Executive Director of the National Association of Tobacco Outlets, and Susan Walley, MD, MHCM, NCNTT, FAAP, the Immediate Past Chair, Section on Nicotine and Tobacco Prevention and Treatment and a member of the American Academy of Pediatrics. Mr. Abboud expressed concern that further restrictions on the sales of these devices will lead to black market distribution, with no regulation or government oversight. Ms. Shapiro spoke of her own experience of being addicted to non-tobacco-flavored e-cigarettes and the serious threat it poses to the health of children across the country, which was echoed by Dr. Walley. Ms. Shapiro highlighted the dire need for the implementation of more federal legislation. Mr. Abboud emphasized the regulations in place to prevent children accessing these products, including raising the age of purchase to 21 years old. Dr. Walley also highlighted the need for access to smoking cessation therapies, which would help smokers quit without putting dangerous products on the market.
By Robin Schlesinger and Keya Ahrestani, Policy Interns
