U.S. Sen. Susan Collins (R-ME) joined a bipartisan contingent of lawmakers in questioning efforts by the U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration (FDA) to cooperatively enforce federal law against the unlawful distribution and sale of unauthorized e-cigarettes, which they say are currently fueling “alarming and unacceptable levels of youth vaping.”
“We remain deeply concerned about the inconsistency between FDA and DOJ’s public statements that there are only 27 FDA-authorized e-cigarettes and the reality that thousands of unauthorized e-cigarettes in kid friendly flavors, such as Blue Razz Ice, Strawberry Watermelon Bubble Gum, and Red Bull Strawberry, are readily available for purchase,” wrote Sen. Collins and her colleagues in a June 26 letter sent to DOJ Deputy Assistant Attorney General of the Civil Division Arun Rao and FDA Center for Tobacco Products Director Brian King.
The eight senators, who also included U.S. Sens. Thom Tillis (R-NC) and Dick Durbin (D-IL), requested information about the recently announced interagency task force to combat the illicit sale and distribution of unauthorized e-cigarettes, and reiterated the need to restore the premarket review process established by federal law.
The DOJ and the FDA on June 10 announced the creation of the federal multi-agency task force. Along with the FDA and the DOJ, the task force will bring together multiple law enforcement partners to coordinate and streamline efforts to fight the illegal distribution and sale of e-cigarettes, which are responsible for nicotine addiction among American youth, according to their letter.
“We appreciate the recent announcement that a federal task force has been established to enhance enforcement against these illegal and dangerous products through collaboration,” they wrote. “It is clear that the very first order of business for the task force should be to restore the law’s premarket regime and enforce the removal of all unauthorized e-cigarettes from the market.”
Sen. Collins and her colleagues also noted that the FDA should complete its “long-overdue review” of premarket tobacco product applications from e-cigarette manufacturers.
“Under the Tobacco Control Act, e-cigarette companies are required to obtain authorization from FDA prior to entering the market, which the agency has neglected to properly enforce,” wrote the senators.
Toward helping inform their understanding of the interagency task force, the lawmakers also requested responses from Rao and King to several questions by July 26, including how the task force will prioritize enforcement actions between and among manufacturers, distributors, and retailers, among others.