Multiple news outlets, from the New York Times and Associated Press to NPR, have recently covered the gaping lapse in enforcement of illegal, disposable e-cigarettes by the Food and Drug Administration (FDA).
These products, most of which are manufactured in China, are fueling a surge in youth vaping and it is imperative that the FDA redouble its efforts to regulate this market and enforce existing laws.
All over Henrico County, and the entire Richmond Metro area, you see illegal, disposable e-cigarettes for sale, many with fruit and candy flavors. All of these are designed to be “beginner friendly,” attracting youth under 21.
These products are stronger, cheaper, and advertise 5,000+ puffs from a single device. The increasing size and strength of disposable e-cigarettes have resulted in a generation of products with nicotine levels equal to a carton or more of cigarettes, while the low price nearly triples the purchasing power for price sensitive young people.
A scathing independent report from the Reagan-Udall Foundation in December 2022, found that FDA’s “failure to take timely enforcement action jeopardizes public health and undermines credibility and effectiveness in tobacco product regulation.”
The report goes on to say that “Under the law, a vaping product is required to apply to FDA before entering the market and prove to the agency that the e-cigarette is ‘appropriate for the protection of public health.’ This has not happened. Instead, tens of thousands of dangerous, highly addictive e-cigarettes have illegally shown up on store shelves without any FDA review and hooked a generation of children.
The FDA needs to get its act together on the enforcement front. Without action, even more children will pick up illegal vapes and put themselves at risk of addiction and imperil their health. I hope our Senators Warner and Kaine, along with our entire Congressional Delegation, will push the FDA to properly regulate the disposable e-cigarette market starting with the removal of illegal products from retail shelves.
Eric Payne resides in Henrico County.
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