Congress has approved $200 million to step up enforcement against illegal vapor products. The funding is part of the continuing resolution to reopen the government that President Donald Trump signed Nov. 12.
Under the measure, H.R. 5371, the Food and Drug Administration must dedicate at least $200 million of the user fees it collects to regulating Electronic Nicotine Delivery Systems (ENDS), including e-cigarettes and vaping products. Of this allocation, $2 million will be used to continue efforts from a federal multi-agency task force led by the Department of Justice to crack down on illegal ENDS products imported from China and other countries.
The resolution also requires the FDA within one year of enactment, which is Nov. 12, to update the agency’s guidance document on how it prioritizes enforcement actions against certain tobacco products that are being sold without the agency’s authorization. According to the resolution, the FDA must also submit a report to educate retailers, including convenience-store operators, on which products are legal for sale. The resolution also states that the FDA must submit a semi-annual written report to Congress on the progress the FDA’s Center for Tobacco Products (CTP) is making towards removing illegal ENDS products from the market. The first report is due within 180 days of the law’s enactment.
Earlier this year, several organizations called on the Trump administration to provide “clarity” and “enforcement” when it comes to the illicit vape market.
The National Association of Convenience Stores (NACS) and four associations affiliated with the convenience-store and travel center industries called on the White House to crack down on the sale of illegal vape products from China in the marketplace.
The letter sent on July 18 was also signed by the Energy Marketers of America, National Association of Tobacco Outlets (NATO), National Association of Truck Stop Operators (NATSO) and the Society of Independent Gasoline Marketers of America (SIGMA).
The letter said that the c-store industry is “systematically” losing sales to businesses that sell illicit products.
“The reasons why this is happening are clear and solvable,” it said. “The CTP has abandoned its fundamental responsibility as a regulator.”
To date, the FDA has authorized 39 e-cigarette products. These are the only e-cigarette products that currently may be legally marketed and sold in the United States.
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