Lawmakers are looking to increase efforts to block and destroy illegal tobacco products.
U.S. Sens. John Cornyn (R-Texas) and Martin Heinrich (D-New Mexico) and Reps. Beth Van Duyne (R-Texas) and Debbie Dingell (D-Michigan) have introduced the Ensuring the Necessary Destruction of Illicit Chinese Tobacco (END) Act, which aims to authorize the secretary of Health and Human Services (HHS) to destroy adulterated, misbranded or counterfeit tobacco products that are offered for import into the United States.
The legislation looks to amend the Federal Food, Drug and Cosmetic Act (FD&C Act) to include tobacco products, ensuring they are treated the same as counterfeit drugs or medical devices when intercepted by federal authorities. The FD&C Act gives the FDA the authority to regulate all tobacco products, including cigarettes, e-cigarettes, cigars and hookah tobacco.
“By giving the FDA destruction authority over these imports, this legislation would turn off the spigot of illicit e-cigarettes and vapes flowing from China and address the public health crisis sweeping across our nation,” Cornyn said.
“We have seen too many illegal vapes slipping through the enforcement cracks, posing health and safety risks to Americans,” said Van Duyne. “These dangerous and counterfeit products have been flooding into our country from places like China.”
The bill is supported by 7-Eleven, Irving, Texas; Altria, Richmond, Virginia; the Campaign for Tobacco-Free Kids, Washington, D.C.; the National Association of Convenience Stores (NACS), Alexandria, Virginia; the National Association of Truck Stop Operators (NATSO); and Alexandria, Virginia-based SIGMA, a national trade association representing fuel marketers and convenience-store chains in the United States and Canada.
Cotton to FDA: Eliminate illegal Chinese vapes
On Nov. 5, Sen. Tom Cotton (R-Arkansas) sent a letter to FDA Commissioner Marty Makary calling on the agency to do more to eliminate illicit vapes.
“While FDA's actions show progress, more must be done,” Cotton said. “To combat Chinese influence, FDA should increase the number of regulated, legal, American products available to consumers.”
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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