Subcommittee Chairman Krishnamoorthi Seeks Answers After News That President Trump May Abandon E-Cigarette Flavor Ban

Nov 18, 2019
Press Release

Washington, D.C. (Nov. 18, 2019)—Today, Rep. Raja Krishnamoorthi, the Chairman of the Subcommittee on Economic and Consumer Policy, issued the following statement in response to press reports that President Donald Trump is planning to reverse course on his pledge to ban flavored e-cigarettes:

“I am extremely troubled by new reports that President Trump may be abandoning his promise to ban all flavored vaping products.  The American people expect those in the highest levels of government to protect their interests—not cave to the pressure of industry lobbying.  That is why I am sending a letter today to the White House and the FDA demanding information about the status of this vaping flavor guidance to ensure President Trump honors his promise to implement a ban on all flavors to protect all American children.”

Chairman Krishnamoorthi sent a letter to the Office of Information and Regulatory Affairs (OIRA) and the Food and Drug Administration (FDA) demanding answers to three key questions and transparency regarding the status of the vaping flavor ban.

“The strong promises made by the President and his Administration to address the youth vaping epidemic were incredibly encouraging,” Chairman Krishnamoorthi wrote.  “Now, however, the delay in finalizing the Administration’s compliance policy raises deep concerns.”

The circumstances surrounding the FDA compliance policy appear to be highly irregular.  The FDA sent OIRA the compliance policy on October 25, 2019.  OIRA announced that it had completed its review of the policy on November 4, 2019.  In nearly every instance, when OIRA completes its review of agency action, it sends the action back to the agency, and the agency promptly publishes the final action. 

However, with regard to the FDA’s “flavor ban,” the Administration has deviated from normal protocol, and an extraordinary 11 days have passed since OIRA appears to have completed its review, and FDA has still not published a final compliance policy.

Chairman Krishnamoorthi requested both agencies answer the following questions by close of business today:

  1. Has OIRA completed review of the compliance policy?
  2. Has OIRA indicated to FDA that FDA can publish the guidance under its own discretion?
  3. If OIRA has completed its review, on what grounds is FDA withholding publication of the compliance policy?

Click here to read today’s letter.


116th Congress