Tobacco

FDA is examining the authorities it has under tobacco and drug regulations that it could bring to bear on suppliers and distributors that tamper with vaping products linked to the outbreak of lung illnesses that have now been identified in 49 states, the District of Columbia and the U.S. Virgin Islands, officials from FDA and the Centers for Disease Control and Prevention told reporters Friday (Oct. 11).

President Donald Trump on Wednesday (Oct. 9) signed a pair of executive orders that, according to the White House, aim to create a transparent process for regulation and reduce regulatory burdens on small businesses. However, consumer advocacy organization Public Citizen says the orders could actually stall the expected FDA guidance that would impose a ban on flavored vaping products and chill future agency guidance.

The Federal Trade Commission is looking into the sales, advertising and promotional practices of six major e-cigarette makers: Juul Labs, R.J. Reynolds Vapor Company, Fontem US, Logic Technology Development, Nu Mark and NJOY.

Acting FDA Commissioner Ned Sharpless on Wednesday (Sept. 25) told lawmakers that implementing a user fee program for e-cigarette makers could help the agency with its electronic nicotine delivery system (ENDS) product enforcement activities.

House Oversight and Reform consumer policy subcommittee Chair Raja Krishnamoorthi (D-IL) says Congress should investigate so-called fourth-generation vaping products, a term one public health official used to describe newer products that contain higher levels of nicotine that are particularly addictive.

FDA’s law enforcement arm, the Office of Criminal Investigations, is investigating the outbreak of lung illnesses that have been associated with vaping products, the agency’s tobacco center director Mitch Zeller said Thursday (Sept. 19).

The Trump administration has directed FDA to take swift action to remove non-tobacco-flavored e-cigarette products from the market as a result of preliminary data from the National Youth Tobacco Survey that shows a continued rise in youth e-cigarette use, especially through flavored products that appeal to kids, HHS announced in a Wednesday (Sept. 11) press statement.

House Energy & Commerce Committee Chair Frank Pallone (D-NJ) and oversight subcommittee Chair Diana DeGette (D-CO) will hold a hearing Sept. 25 during which officials from FDA, the Centers for Disease Control and Prevention (CDC) and state health agencies will testify about the public health impacts of e-cigarettes, their appeal to young people and the regulatory authorities related to e-cigarette manufacturing, sales and use.

As public health agencies and lawmakers called for consumers to possibly stop using e-cigarettes after reports of vaping related illnesses, vapor product advocates, former FDA chief Scott Gottlieb and some in the media point to conflicting statements from FDA and the Centers for Disease Control and Prevention (CDC) on whether vaping liquids or e-cigarettes are contributing to the illnesses.