The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.
The Wisconsin Department of Health Services (DHS) reports a 140% increase in underage tobacco and vape sales since 2019. The main culprit behind the surge in underage vaping is the increased accessibility of illegal disposable flavored vape products originating from China and easily obtainable in local stores. This thriving illicit e-cigarette market highlights a fundamental issue: the inadequacy of the efforts by the Food and Drug Administration (FDA) to safeguard and protect public health.
China and other foreign entities have consistently taken advantage of regulatory loopholes, such as disposable e-cigarette products not being subjugated to certain flavor restrictions, and lax enforcement efforts by the FDA. This has resulted in these products inundating the e-cigarette market, including those that are prohibited from being sold in China itself. According to a new poll, most Americans are unaware these vapes are coming illegally from China.
Despite this crisis escalating, the FDA has not taken this issue seriously enough, issuing minor warning letters and small fines. Because of the agency’s failure, these illegal products can still be found in vape shops and stores across the state.
In addition to a lack of enforcement, the FDA has not put forth a list of which vaping products are compliant with FDA regulations and may be lawfully sold. This has resulted in a problem where we have a huge demand for vaping products and no guidance from the FDA on which products are legal for retailers to sell and adults to use. This void has allowed foreign countries to capitalize on the U.S. vapor market and flood the market with unregulated products. These foreign countries continue to exploit the absence of oversight from our federal agency to smuggle illicit products into the country without facing consequences. Fortunately, lawmakers here in Wisconsin have stepped in to fill the FDA’s void by requiring a directory of FDA-compliant products in the state, but clearly FDA should be leading here.
The Associated Press reported that “thousands of new flavored products continue pouring into the country from China” and that “11,500 unique vaping products are being sold in U.S. stores.” This flow of illegal vapes has been left unchecked by the FDA, and their prolonged delay in approving products within the e-cigarette market has made this problem worse. An expert panel tasked to examine problems at the FDA came to the conclusion that the “FDA’s inconsistent approach to regulation is at least partially to blame for the spread of thousands of e-cigarette varieties that remain popular among teenagers.”
Clearly the FDA’s shortcomings do not stop at their failed enforcement tactics. Despite scientific consensus showing that vaping is less harmful than traditional smoking, the FDA has failed to authorize products to provide a robust alternative market for current smokers. Given that Wisconsin has a 14.3% adult smoking rate, many here in our state would benefit from having alternatives to turn to when looking to move away from cigarettes.
Taking swift action to put pressure on the FDA’s blatant failure to enforce the laws on illicit vapes and establish a well-regulated market will ensure the safety and well-being of Wisconsinites. It is imperative that the FDA step up to the plate and create an environment that prioritizes the protection of our citizens, shielding them from the influx of these non-compliant and illicit products.
Lee Nerison is a former member of the Wisconsin State Assembly, who represented the southern suburbs of La Crosse as well as Crawford and Vernon counties and the southern half of Monroe County.
