FDA and State Policymakers Must Get Control of Vape Market

In a deeply polarized political climate, there’s strong bipartisan agreement that the FDA’s failure to regulate a functioning market for vapes has led to chaos and fueled an illicit market that also targets our kids. The agency’s inability to authorize enough vapes to meet consumer demand, and its complete lack of enforcement strategy have flooded the nation with illicit vape products. Illicit vapes from China are dominating the market and have become the top choice among middle and high school students.

The previous administration and their FDA stood idly by while these illegal disposable vaping products are flying off our shelves and into the hands of the public. Now it’s up to states to clean up the mess.

It’s Time to Get Control of the Market

We invite you to encourage state policymakers to clean up the market with more vigorous enforcement, including published vapor product directories at the state level. Most proposed directory bills are modeled after current cigarette directory laws, and will require vape manufacturers to do the following in order to have their products sold in the state:

• Register with the State
• Certify their products are compliant with federal and state laws
• Pay a fine if they are found in violation of these requirements

Directory laws are an effective way to both arm retailers and consumers with the knowledge they need to avoid these illicit Chinese vapes, and to give state law enforcement a mechanism to enforce sanctions on those who won’t comply. They also ensure guardrails and protections that our state’s children don’t have easy access to these illicit Chinese products.

In Tennessee, State Lawmakers are now considering bills aimed at creating such directories.