In a rare show of bipartisan unity, the US Senate Judiciary Committee criticized the Food and Drug Administration (FDA) and the Department of Justice (DOJ) for their perceived inaction on the youth vaping epidemic during a hearing on Wednesday. 

Sen. Dick Durbin (D-Illinois) highlighted the issue by presenting unauthorized flavored e-cigarettes purchased near FDA headquarters, questioning how such products remain available. Despite a 2021 federal court ruling mandating the FDA to remove unauthorized e-cigarettes from the market, the agency has failed to meet this deadline. 

Dr. Brian King, director of the FDA’s Center for Tobacco Products, testified that the agency has prioritized enforcement but struggles with the sheer volume of applications—27 million to date. Unlike drug and medical device companies, e-cigarette manufacturers do not pay user fees, leaving the FDA under-resourced. King requested the Senate grant the FDA authority to collect these fees to manage the workload effectively.

Sen. Marsha Blackburn (R-Tennessee) expressed frustration over the lack of a concrete plan from the FDA and DOJ. King reported that since June, the FDA has authorized 23 e-cigarette products, none flavored, but acknowledged the overwhelming presence of unauthorized products.

Sen. John Cornyn (R-Texas) pointed out that flavored vapes, appealing to youth, have surged by 1,500% from 2020 to 2023. King confirmed that 90% of youth e-cigarette users prefer flavored varieties, emphasizing the need for stronger regulatory actions.

The Centers for Disease Control and Prevention (CDC) reported that around 10% of high school students and nearly 5% of middle schoolers use e-cigarettes, with flavored products being particularly popular. Despite a 60% decline in youth e-cigarette use over five years, King admitted that more efforts are needed.

Enforcement remains a challenge. The FDA has issued nearly 900 warning letters to manufacturers and over 500 to retailers, but lacks the power to enforce compliance without DOJ support. Arun Rao, deputy assistant attorney general for the DOJ’s Civil Division, acknowledged the exploitation of regulatory loopholes by manufacturers and outlined recent efforts to seize illegal products.

Dr. Susan Walley from the American Academy of Pediatrics highlighted the harmful effects of nicotine on developing brains and criticized the easy accessibility of flavored e-cigarettes. Vaping industry representatives also voiced dissatisfaction with the FDA’s approval process, calling it disorganized and ineffective.

High school senior Josie Shapiro testified that the appealing flavors and packaging make vaping products dangerously accessible to youth, sharing her own struggles with addiction. 

The hearing underscored the urgent need for coordinated federal action to address the youth vaping crisis and remove illegal products from the market.