Brian King, director of the Food and Drug Administration's Center for Tobacco Products, faced strong criticism when he testified recently in front of the U.S. House Energy and Commerce Subcommittee on Health about his agency's response to the sale of flavored vapes in the U.S.
Although King asserted his agency is trying to crack down on the import of vaping products from China, it is apparent the FDA's efforts are ineffective.
Congress must continue to ask the tough questions about why these products are still being allowed on vape shop shelves across the country and force King to turn these concerns into action that protects young people.
While the FDA banned flavored e-vapor products in 2020, they continue to flood our streets, driven primarily by illegal Chinese manufacturers that purposely elude FDA enforcement. The number of illegal vapes sold in America has tripled since 2020, and flavored disposable e-cigarettes are now a favorite among U.S. teens.
Chinese manufacturers such as Elf Bar are aggressively pushing their goods into the U.S. in direct violation of federal law and FDA regulations. Their ability to flout U.S. regulations has created an economic windfall: Elf Bar alone has recorded almost $400 million in U.S. sales since 2021 and was the most popular product used by youth in the latest National Youth Tobacco Survey. Yet, King and the FDA, despite his claims to the contrary before the committee, have taken little meaningful action -- such as product seizures at our ports or closing the shops selling these unauthorized products in the U.S.
The alarming proliferation of illicit vaping devices on American store shelves is directly connected to the Chinese Communist Party via China's State Tobacco Monopoly Administration. The State Tobacco Monopoly Administration controls the domestic Chinese cigarette market, generating billions of dollars for the Chinese Communist Party in taxes and revenue. Since the FDA banned flavored e-vapor products, Chinese companies have been successful in filling the gap by manufacturing and exporting illicit, unregulated vaping devices, creating a massive source of revenue while the FDA does little to stop the importation of these devices or their removal from retail stores.
China is using these funds to further its geopolitical ambitions. According to a 2023 report by the Pulitzer Center, China Tobacco, the state-run tobacco monopoly that oversees companies like Elf Bar, is a major contributor to the "Big Fund," a $45 billion microchip project that President Xi Jinping hopes will make China the world's leader in technological development. The company also contributes to his Belt and Road Initiative, China's long-term infrastructure strategy to spread its investments and influence across the globe.
Beyond threatening America's geopolitical standing, Chinese manufacturers are shipping and selling e-vapor products that directly appeal to young people with fruit and candy flavors. This is the reason the U.S. outlawed them in the first place and likely the same reason the Chinese Communist Party banned selling fruit-flavored vaping products to China's youth in 2021. However, Chinese manufacturers have seemingly no concern with shipping these same products to the U.S. for consumption by people of all ages, creating a widespread threat to public health.
Despite the FDA's ban on flavored vapes, Chinese manufacturers continue to find ways to slip illicit products into the American marketplace. Elf Bar, for example, simply changed the name on its products to circumvent the FDA rule. Other manufacturers bundle their goods with unrelated items or falsely label illicit vapes during shipment to help avoid detection. The FDA knows this is happening, and in some cases actually inspects and clears these same products for importation. The result is illicit e-cigarettes continue to arrive unchallenged, met with little more than warning letters and menial penalties from the FDA.
China has set its sights on targeting American youth and using the profits to further its own agenda. Meanwhile, King and the agency tasked with protecting American consumers have failed to stem the tide of illicit vapes often finding their way into adolescent hands.
We can no longer idly sit by waiting for a resolution. Congress must hold King and the FDA accountable by demanding action that actually removes these products from the shelves and prevents them from entering the country.