WASHINGTON, D.C.— Thirteen Members of Congress last week called on the Food and Drug Administration (FDA) to take immediate action to protect young people from predatory e-cigarette marketing and distribution tactics that are straight out of big tobacco’s playbook. According to the journal Pediatrics, the number of children aged 12 to17 years exposed to e-cigarette marketing increased by 256 percent between 2011 and 2013.
In a letter to FDA Commissioner Margaret Hamburg, the Members wrote: “While FDA’s proposed rule sets the stage for future regulations, strong regulatory actions on marketing to children, e-cigarette flavors, and online sales cannot wait. FDA has an existing mechanism to protect children now—without waiting years to implement new regulations to accomplish these goals.”
Today’s letter was signed by U.S. Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee; Senators Dick Durbin (D-IL); Jay Rockefeller (D-WV); Richard Blumenthal (D-CT); Edward J. Markey (D-MA); Sherrod Brown (D-OH); Jack Reed (D-RI); Barbara Boxer (D-CA); Jeff Merkley (D-OR); and Dianne Feinstein (D-CA) as well as U.S. Representatives Henry Waxman (D-CA); Frank Pallone, Jr. (D-NJ); and Diana DeGette (D-CO).
With just a few days remaining in the public comment period on deeming regulations that would expand FDA’s regulatory authority over e-cigarettes, the membersasked the agency to exercise its existing authority and apply the restrictions imposed on traditional tobacco products to limit youth access to e-cigarettes including:
A ban on marketing to children – FDA should prohibit the marketing of e-cigarettes which are being aggressively advertised to children through theshowcasing of glamorous celebrities, the creation of cool cartoons, and the pushing of brands through sexy television and print advertisements;
A ban on the use of flavorings – FDA should regulate a halt to the use of fruit and candy based flavors, like those used in Jolly Rancher candies and Kool-Aid mix, that are clearly meant to attract children;
A ban on online sales – Age verification is very difficult to perform accurately for online purchases, so FDA should prevent online sales of e-cigarettes in order to keep the product out of the hands of children.
In April, the FDA’s proposed deeming regulations that expanded the agency’s regulatory authority to regulate e-cigarettes and other liquid nicotine delivery devices. With regard to these products, the proposed rule prohibits sales to minors, prohibits vending machine sales and samples, and requires a list of product ingredients. The proposed rule, however, fails to prohibit marketing to minors, the use of flavors, or online sales of e-cigarettes and other nicotine delivery devices to minors.
Earlier this year, eleven Members of Congress – including Harkin, Durbin, Waxman, Rockefeller, Blumenthal, Markey, Brown, Reed, Boxer, Merkley, Pallone – released an investigation report entitled “Gateway to Addiction? A Survey of Popular Electronic Cigarette Manufacturers and Marketing to Youth” that showed a dramatic recent increase in the marketing of electronic cigarettes – or e-cigarettes – with extensive resources being dedicated to social media, sponsorship of youth-oriented events, and television and radio advertisements that reach substantial youth audiences.
The report found that in just two years, from 2012 to 2013, six of the surveyed companies sponsored or provided free samples at 348 events, many of which were music festivals and motorsport events geared toward young people—including Grand Prix auto racing events.
Marketing new tobacco products without FDA authorization is already illegal under the Family Smoking Prevention and Tobacco Control Act. The 2008 law also gives FDA the authority to place restrictions on the sale and marketing of newly deemed tobacco products, especially those that pose a risk to children. The letters calls on FDA to exercise this authority and restrict access to e-cigarettes and other nicotine delivery devices that are marketed to children.
E-Cigs my Butt. After all the billions of dollars spent on educating the young people on the evils of cigarettes over 50% of the teenagers I see walking down the street are smoking cigarettes. They are fast becoming the new pot but probably are more dangerous in the long run. Everyone knows it including the teenagers but they continue to smoke anyway. That doesn’t even begin to account for the imports that smoke. The poorer they are the more they smoke.
Now you’re starting to get it LVS. The government trying to intervene or tell people what they can put into their bodies is a losing (wasteful) proposition. It may make some people rich, but in the end it is futile. Protective measures can be put in place to protect public areas, and provide honest information about what the substance does, but that’s about it. There’s simply too many substances, derivatives, synthetics, variations, and creative imagination to cap it all.
Warnings, education, advice, treatment options, and LIABILITY and RESPONSIBILITY (should your use cause any other person harm), would be sufficient. The whole bit of prosecuting and imprisoning citizens who haven’t actually caused anyone else harm by their use is what needs to end, or be significantly diminished. If you cause a motor vehicle wreck that costs someone their life, and you are high : 30 years in prison minimum. But if you didn’t cause any damage, or an accident: $500 fine
@Philly-You see there are some that say what they do with their bodies is their business. But, when it affects their long term health and they end up with serious disease that could have been prevented, and that raises the cost for everyone else it becomes our business. A lot of these people are on welfare and live off the taxpayer’s. How do they afford $6.00 a pack cigarette’s. Unfortunately, all of the money spent on prevention is going waste.
I think people should welcome E-cigarettes as a godsend, considering how much more benign they are compared to hot burning smoke torching your lungs. Free white and 21? Ever heard that saying? Yes, it’s a bit non-PC, but essentially (disregarding the white part) its message still rings true. Yes, it’s not easy to get around the health care aspect of the debate…but lots of society’s features cause cancer obviously. Can I get all the cars without Catalytic Converters Arrested?
@Philly-I agree with you on the E-cigarettes. Unfortunately, there seems to be a witch hunt against them They do not pollute the air around the user like real cigarettes do and do not have all of the tar and poison that tobacco does.