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Senate Judiciary Committee Holds Hearing on FDA Enforcement of Illegal E-Cigarettes

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The Senate Judiciary Committee held a 聽this week on enhancing the Food and Drug Administration’s (FDA’s) enforcement against illegal e-cigarettes. The hearing focused specifically on FDA actions to combat e-cigarette use by minors.聽 Ahead of the hearing, FDA announced it has launched a new task force on the issue with the Department of Justice and several other agencies, including the U.S. Postal Service to identify and target illegal sales and distribution of e-cigarettes.

During the hearing, both Democrats and Republicans the Senate Committee expressed frustration about the sale of unauthorized e-cigarettes originating in China. Brian King, Director of the Center for Tobacco Products at FDA, noted that the Agency has sent hundreds of warning letters to retailers and e-cigarette manufacturers in recent years, calling on them to remove or discontinue their products. Director King also testified that the Agency continues to review applications submitted by e-cigarette manufacturers companies to legally market their products in the United States.聽

Under current regulations, new tobacco products must receive marketing authorization from the FDA before they can be sold. Just last week, FDA  its marketing ban on Juul Labs, opening the door to possible authorization of its products. According to the Agency, the reversal is based on a “review of information provided by the applicant” as well as new case law stemming from court decisions.

黑料社区has repeatedly urged the Agency to provide clarity on which e-cigarette products can be legally marketed, and has noted that prohibiting certain varieties of e-cigarettes is likely to increase the illicit trade of the products and negatively impact the retailers that sell them.

author avatar
Thereza Cevidanes

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