Sen. Patty Murray is among the toughest voices in Congress fighting the youth vaping epidemic, but her efforts to curb underage vaping by pursuing additional Food and Drug Administration (FDA) bans on nicotine products may be undermined by the agency’s lack of enforcement capabilities.
While the agency has the authority to regulate tobacco products, FDA officials have struggled to keep up with the sheer volume of flavored vapes currently on the shelves illegally. With resources and staff already stretched thin, Murray should help shore up the funding needed for the FDA to enforce laws already on the books, including its requirement that all e-cigarette products receive approval before being sold.
Although the prevalence of cigarette smoking among young individuals in Washington has significantly declined, dropping over 56 percent among high school students between 2018 and 2021, underage consumption of disposable vaping products remains high.
As Murray has recognized, this is in part due to a workaround in a Trump-era law banning flavored vaping products that allowed disposable e-cigarettes to remain on the market. While the FDA attempted to close this loophole by requiring an approved Premarket Tobacco Product Application (PMTA) in order to sell flavored e-cigarettes, the agency has been slow to grant approval. Consequently, the majority of products available on store shelves, specifically the flavored disposable products preferred by underage smokers, are still being unlawfully sold.
While the FDA has cracked down on e-cigarette manufacturers in recent months, fining four vaping companies in February and issuing over 550 warning letters to tobacco firms since 2021 for selling unauthorized products, the issue of enforcement remains.
If we are serious about combating youth nicotine use, this must be the FDA’s primary focus. FDA Commissioner Brian King has repeatedly testified before Congress that a lack of resources remains an issue for the regulator. I would urge caution before proceeding with additions to the FDA enforcement portfolio that could make it even harder to go after those bad actors who are targeting our kids with illegal products. I would also encourage Congress to ensure the FDA has the resources necessary to conduct inspections, enforce regulations, and take swift action against lawbreakers. Murray, in her role as the chair of the Senate Appropriations Committee, should lead the charge to provide the agency with the resources it needs to prioritize this issue.
The FDA plays a central role in protecting public health, and with Murray’s support, we can provide it the tools it needs to address youth vaping head-on. By investing in enforcement, we send a strong message that we will not tolerate the sale of these harmful products to our underage population.
Azziem Underwood is the former chair of the 11th District Democrats and GLBT board member in the Stonewall Democrats.
Read more of the July 26-Aug. 1, 2023 issue.