In a rare display of bipartisan unity, members of the US Senate Judiciary Committee sharply rebuked the US Food and Drug Administration (FDA) and the Department of Justice (DOJ) for their perceived failure to address the youth vaping crisis in America.
The committee’s hearing highlighted concerns stemming from a federal court ruling nearly three years ago, which found the FDA in violation of the Tobacco Control Act for allowing e-cigarette products without FDA pre-authorization to remain on the market. Despite a court-mandated deadline in September 2021 for the FDA to complete its review of e-cigarette applications, the agency has yet to fully comply, drawing strong criticism from lawmakers.
Senator Dick Durbin (D-Illinois) was particularly vocal, accusing the FDA of neglecting its duty to protect public health by allowing unauthorized e-cigarette products, including flavored variants like Red Bull and watermelon bubble gum, to proliferate. He pointed out that such products are being sold in close proximity to FDA headquarters, despite lacking FDA authorization.
Dr. Brian King, Director of the FDA’s Center for Tobacco Products, defended the agency’s actions, citing the overwhelming volume of applications and the need to prioritize enforcement efforts. He disclosed that the FDA has received a staggering 27 million applications for e-cigarette products, with only a fraction authorized for sale while many remain under review.
Senators also voiced frustration over the rise in youth vaping rates, citing studies indicating that approximately 2.1 million children have started using e-cigarettes regularly since the court-imposed deadline passed. They emphasized the allure of flavored products as a major driver of youth consumption.
The committee also scrutinized the DOJ’s role in enforcement, highlighting challenges in regulating international shipments and the exploitation of loopholes by manufacturers seeking to evade FDA scrutiny. The recent establishment of a task force aimed at combating illegal e-cigarette sales was mentioned as a step forward, though senators demanded clearer plans and more decisive action.
Dr. Susan Walley, representing the American Academy of Pediatrics, underscored the health risks associated with nicotine addiction among adolescents, urging stronger federal measures to remove illegal e-cigarette products from the market and restrict access to flavored varieties.
Industry representatives, including Tony Abboud of the Vapor Technology Association, expressed frustration with the lack of a transparent pathway for FDA approval, describing the current regulatory environment as chaotic and conducive to fostering an illicit market.
In emotional testimony, high school senior Josie Shapiro shared her personal struggle with vaping addiction, highlighting the widespread availability and appeal of flavored e-cigarettes among her peers.
The hearing concluded with a bipartisan call for stricter enforcement, clearer regulatory pathways, and enhanced protections against the marketing and sale of e-cigarette products to minors.
