Chairman Krishnamoorthi Calls for Quicker Action by FDA to Regulate E-Cigarettes Following Release of Troubling New Data
Washington, D.C. (October 6, 2022)—Today, Rep. Raja Krishnamoorthi, Chairman of the Subcommittee on Economic and Consumer Policy, issued the following statement in response to the release of new federal data from the U.S. Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) showing that nearly 2.5 million middle and high school students report using e-cigarettes. The FDA also announced additional steps it is taking to address popular e-cigarette brands among young people, including Puff Bar:
“The data released today by the FDA and CDC about the number of young people using e-cigarettes is distressing and further highlights the need for more aggressive action by the federal government to regulate these products,” Chairman Krishnamoorthi said. “While I’m pleased the FDA is finally taking steps to crack down on the companies who continue to market and sell these products without marketing authorization, these actions are still simply not happening quickly enough. For example, today’s warning letter to the makers of Puff Bar—the most popular brand among youth vapers—was only the third sent to manufacturers despite the FDA having received over one million product applications from more than 200 manufacturers by the May 14, 2022, deadline set out in the relevant law. The FDA’s delay in addressing vaping problems over the last several years is troubling and continues to hamper the federal government’s efforts to protect America’s youth.”
The National Youth Tobacco Survey released by the FDA and CDC found that approximately 9.4% of middle and high school students in the United States currently use e-cigarettes. The top three brands that current youth e-cigarette users reported they “usually” use include Puff Bar (14.5%), Vuse (12.5%), and Hyde (5.5%).
Today, FDA also issued marketing denial orders for 32 Hyde e-cigarettes and sent a warning letter to Puff Bar, stating that the company has been receiving and delivering e-cigarettes without a marketing authorization order and requesting that the company provide information on how it will address the agency’s concerns.
On November 8, 2021, Chairman Krishnamoorthi launched an investigation into the production and sale of unregulated synthetic nicotine, including by Puff Bar. This investigation followed a 2019 Subcommittee investigation into JUUL’s role in the youth vaping epidemic, which informed FDA’s decision to ban all JUUL products from the market in June 2022.
Chairman Krishnamoorthi previously wrote to the FDA on March 3, 2021, urging immediate action to remove all flavored e-cigarette products sold by Puff Bar from the market.
In April 2021, the Chair expressed support for FDA’s announcement of its plan to ban menthol cigarettes to protect public health and contribute to racial justice.
The FDA issued a warning letter to Puff Bar in July 2021, declaring their products to be on the market illegally.
On February 1, 2022, Chairman Krishnamoorthi called on the newly confirmed Commissioner of the Food and Drug Administration, Dr. Robert Califf, to act swiftly to ban all flavored e-cigarettes.