Pallone Renews Call on FDA to Regulate E-Cigarettes

CDC and FDA Release First-Ever Data on Flavored E-Cigarette Use by Children

WASHINGTON, DC – Today, with the first-ever release of data on flavored electronic-cigarette use by youths, Congressman Frank Pallone, Jr. (NJ-06) renewed his call on the U.S. Department of Health and Human Services (HHS) to finalize a Food and Drug Administration (FDA) proposed rule to assert jurisdiction over all unregulated tobacco products, including e-cigarettes. FDA and the Centers for Disease Control and Prevention (CDC) today released data from the 2014 National Youth Tobacco Survey on use of flavored tobacco products, including e-cigarettes. The survey, which include the first data on flavored e-cigarette use by children, show the majority of youth who use tobacco are using flavored products. Pallone is the Ranking Member of the House Energy and Commerce Committee, which has jurisdiction over HHS, FDA, and CDC.

“The data confirm what we have long-known – flavorings draw kids to e-cigarettes and other forms of tobacco. With new and conclusive data showing prevalent e-cigarette use among youths, the time to act is long past due,” said Congressman Pallone. “The majority of these youths are using flavored products, and yet, there is dangerously insufficient regulation and oversight of e-cigarettes despite a pending rule to address this void. For far too long, the tobacco industry has exploited loopholes and continued to market its products to children, and the longer FDA delays in finalization of the rule, the more harm these products will cause to the health of our nation and our children.”

Among other findings, the CDC and FDA survey found that in 2014 an estimated 1.58 million middle school and high school students used a flavored e-cigarette, more than any other flavored tobacco product. Additionally, an estimated 70 percent of all current youth tobacco users used at least one flavored tobacco product in the past 30 days. Among these users, more than 60% used a flavored e-cigarette.

In August, Pallone wrote to HHS Secretary Burwell calling for finalization of FDA’s proposed rule.

Through the 2009 Family Smoking Prevention and Tobacco Control Act, FDA has oversight authority over cigarettes and smokeless tobacco. The rule proposed by FDA would formally assert the agency’s authority to regulate e-cigarettes, cigars and pipe tobacco. The proposed regulation would prohibit e-cigarette sales to minors, restrict vending machine sales, and require manufacturers to list ingredients and ensure that labeling is not false or misleading. Pallone applauded these measures along with additional oversight provisions within the proposed rule. However, he urged the agency to take further steps and regulate the use of flavorings to prevent companies from marketing e-cigarette products to children.

Pallone has repeatedly drawn attention to the risks that tobacco products and nicotine pose to public health. Earlier this year, he called on the U.S. Department of Transportation to ban e-cigarettes on airplanes. He has also urged chain pharmacies across the country to stop selling tobacco products, including e-cigarettes. Pallone has consistently expressed serious concerns regarding the marketing tactics used by e-cigarette companies to appeal to younger people, such as through candy flavoring, cartoon images, and event sponsorships.

New Jersey has led the way, becoming the first state in the nation to ban the use of e-cigarettes in indoor public places and their sale to those 19 and younger. Since then, multiple New Jersey municipalities and counties have considered broader bans that have been necessary in the absence of clear federal regulation through the FDA.