FDA Slowness Helped e-Cig Epidemic: Rep. Pallone
House Energy and Commerce chair Frank Pallone (D-NJ) says the current youth vaping epidemic could have been averted if FDA in 2017 had not delayed reviewing e-cigarettes that are on the market. In exercising its enforcement discretion, FDA has given e-cigarette makers until 5/2020 to submit data on their products for review. “While I am pleased by the Administration’s announcement that it plans to pull all flavored e-cigarette products from the market until they undergo full FDA review, I believe that ban should occur immediately,” Pallone said during opening remarks at a hearing on e-cigarettes 9/25.
During the hearing, FDA acting commissioner Ned Sharpless agreed that the agency “should have acted sooner.” Sharpless, who became acting commissioner in May after Scott Gottlieb resigned, added that the agency is “going to catch up.” He said data the agency has seen show a continued rise in the “disturbing rates of youth e-cigarette use, especially through the use of non-tobacco flavors. In particular, these data show that more than a quarter of high school students were current e-cigarette users in 2019 and youth e-cigarette users cited fruit and menthol/mint flavors as being the most popular.”
In the coming weeks, Sharpless said a compliance policy related to e-cigarettes will be issued. “FDA intends to prioritize enforcement action such that flavored e-cigarette products will be expected to exit the market unless and until manufacturers of these products provide scientific evidence demonstrating that marketing their products is appropriate for the protection of the public health,” he said. Once the policy is in place, Sharpless said FDA will use its enforcement tools to remove the illegal products from the market.