Utah Valley Times

WASHINGTON—In light of the growing illegal e-cigarette market in the United States, U.S. Senator Mitt Romney (R-UT) today urged FDA Commissioner Robert Califf and Attorney General Merrick Garland—heads of the multi-agency task force to combat the illegal distribution and sale of e-cigarettes—to regain control of the e-cigarette marketplace and help curb the rise of youth vaping. Romney called for an effective enforcement strategy to regain control of the marketplace and requested a briefing by the task force on its plans to prevent e-cigarettes from being available in the U.S.—especially to minors.

“All flavored e-cigarettes—which are the most popular with youth—are currently illegal, yet they remain easily accessible in gas stations, convenience stores, and other retail outlets across America,” Senator Romney wrote. “Effective enforcement strategy should make broad use of all federal enforcement authorities—including injunctions, import restrictions, no-tobacco-sale orders, civil monetary penalties, and product seizures—with a goal of regaining control over the runaway illegal market and protecting consumers.”

The full text of the letter is below.

Dear Commissioner Califf and Attorney General Garland:

I continue to be concerned by the pervasive and exponential growth of the illegal e-cigarette market in the United States. Last year, more than 98 percent of e-cigarettes marketed and sold in the U.S. were illegal. The Food and Drug Administration (FDA), and Department of Justice (DOJ), together with other agency partners, must ensure that these dangerous and illegal products are not marketed to the American people, particularly to our children and teenagers. As heads of the newly-announced multi-agency task force to combat the illegal distribution and sale of e-cigarettes, you need to act swiftly to regain control of the e-cigarette marketplace, protect American consumers, and help reverse the alarming trend of youth vaping that threatens to create a new generation of nicotine addiction.

Despite decades of anti-smoking campaigns, young people are becoming addicted to nicotine as a result of an illegal e-cigarette market that is saturated with products designed to appeal to youth. In 2023, 10 percent of middle and high school students, approximately 2.1 million youth, reported using e-cigarettes. Current FDA guidance states that the agency will prioritize enforcement against any unauthorized flavored e-cigarettes and e-cigarettes that are accessible by or marketed towards minors. All flavored e-cigarettes—which are most popular with youth—are currently illegal yet remain easily accessible in gas stations, convenience stores, and other retail outlets across America.

The majority of illegal e-cigarettes are manufactured in and imported from China, largely from under-the-radar manufacturers which have altered their practices to skirt existing enforcement mechanisms such as agency review and marketing authorization. Effective enforcement strategy should make broad use of all federal enforcement authorities—including injunctions, import restrictions, no-tobacco-sale orders, civil monetary penalties, and product seizures—with a goal of regaining control over this runaway illegal market and protecting consumers.

It is imperative that FDA, DOJ, and partner agencies assert consistent uncompromising enforcement over the e-cigarette marketplace. I request answers to the following questions and a briefing by July 12 on its plans: Please complete form below to subscribe to Senator Romney’s email newsletter.

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