Press Releases

Washington, DC – Today, U.S. Reps. Debbie Wasserman Schultz (FL-25) and Diana DeGette (CO-01) announced that they led 65 Members of Congress in a letter to call on the U.S. Food and Drug Administration (FDA) to finalize review of outstanding Premarket Tobacco Product Applications (PMTAs) for e-cigarette products and to take aggressive enforcement action to remove the thousands of illegal, flavored e-cigarettes that remain on the market without approval. The Members also urged the agency to follow the science on the well-documented risks that flavored e-cigarettes pose to youth and deny PMTAs for all non-tobacco-flavored e-cigarettes, including menthol-flavored products.

“Flavored e-cigarettes put a new generation of kids at risk of nicotine addiction and the serious health harms that result from tobacco use. When children’s health is at stake, we cannot tolerate any delay. Unfortunately, the most popular tobacco products with kids have been on the market for several years, with observable negative consequences for public health, and I am very disappointed that the FDA still has not finalized reviewing pending applications per the court-ordered deadline, nor has it removed all these illegal products from the shelves,” said Wasserman Schultz. “Leaving flavored e-cigarette products widely available without understanding the full impact they have on attracting youth and other non-tobacco users is dangerous and the FDA must swiftly finalize this review process and use all its enforcement tools available to make sure that kids are protected against illegal, kid-friendly products.”

“Over 1.6 million middle and high-school aged students use e-cigarettes – an unacceptably high figure. There are thousands of products on the market designed specifically to appeal to young people, including flavored e-cigarettes,” said DeGette. “The FDA must follow the science and crack down on bad actors looking to hook America’s youth on nicotine instead of allowing Big Tobacco to continue to jeopardize the health of our young people while padding their own pockets.”

“We applaud Reps. Wasserman Schultz and DeGette and all the signers of this letter for their leadership in urging the FDA to finish its review of e-cigarette marketing applications and step up enforcement against the thousands of illegal, flavored e-cigarette products on the market,” said Yolonda C. Richardson, President and CEO of the Campaign for Tobacco-Free Kids. “We cannot allow e-cigarette companies to continue targeting our kids with products that are more addictive than ever, with some now even having built-in video games. The FDA and other agencies must act to take these products off the market.”

The FDA was under a court-ordered deadline to complete review of pending e-cigarette applications that were filed on time by September 9, 2021. While FDA has completed its review of many e-cigarettes, reviews of thousands of PMTAs remain incomplete, including applications for some products with a large market share that are most popular with youth, such as Juul. At a recent Energy and Commerce Health Subcommittee hearing, FDA indicated that nearly 500,000 e-cigarette PMTAs remain under review at the agency. Completing these premarket reviews and taking aggressive enforcement actions to clear that market of illegal e-cigarette products that do not have FDA authorization are important ways to protect youth from e-cigarettes.

Signers include: Becca Balint; Nanette Barragán; Joyce Beatty; Ami Bera; Lisa Blunt Rochester; Suzanne Bonamici; Brendan Boyle; Julia Brownley; Nikki Budzinski; Judy Chu; Emanuel Cleaver; Steve Cohen; Angie Craig; Danny Davis; Madeleine Dean; Rosa DeLauro; Mark DeSaulnier; Lloyd Doggett; Adriano Espaillat; Dwight Evans; Brian Fitzpatrick; Lois Frankel; John Garamendi; Raúl Grijalva; Robin Kelly; Andy Kim; Raja Krishnamoorthi; Ann Kuster; Greg Landsman; Barbara Lee; Mike Levin; Ted Lieu; Celeste Maloy; Betty McCollum; Grace Meng; Kevin Mullin; Jerrold Nadler; Eleanor Norton; Chris Pappas; Brittany Pettersen; Dean Phillips; Chellie Pingree; Mark Pocan; Katie Porter; Mike Quigley; Jamie Raskin; Janice Schakowsky; Hillary Scholten; Kim Schrier; Terri Sewell; Eric Sorensen; Darren Soto; Melanie Stansbury; Eric Swalwell; Rashida Tlaib; Jill Tokuda; Ritchie Torres; Lori Trahan; David Trone; Lauren Underwood; Juan Vargas; Maxine Waters; Bonnie Watson Coleman.

The full letter can be found here.

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