Democrats are renewing efforts to protect children from the potential harm of electronic cigarettes, but the main event will come on the regulatory front if the Food and Drug Administration meets expectations and releases a final rule this year.
The agency issued a long-anticipated proposal last April to extend its authority to e-cigarettes and other unregulated products under a 2009 tobacco law. Some Democrats and public health advocates have insisted the proposed rule does not go far enough, however, and are pressing the agency to take additional action to protect young people.
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Senate Minority Whip Richard J. Durbin, D-Ill., said he’s not expecting much on the legislative front before the final regulations come out, assuming that happens in a matter of months. Most of the outspoken critics of the fast-growing growing e-cigarette industry are Democrats in the minority in both chambers.
Flavor and variety targets children?
Marketing Restrictions
The loudest criticism about the proposed rule from some Democrats and advocates may be that it doesn’t ban flavoring in e-cigarettes or marketing that could attract youth — though the FDA has said flavoring and advertising restrictions would require separate rule-making.
Sen. Barbara Boxer, D-Calif., introduced legislation before the proposal was released that would bar the products from being marketed in a way that would increase their use by children and her office said she plans to reintroduce it before the February recess. Connecticut Democrat Elizabeth Esty reintroduced a House version on Jan. 22.
More than a dozen congressional Democrats urged the Food and Drug Administration (FDA) Monday to move forward immediately on efforts to keep electronic cigarettes out of the mouths of children.
The agency is currently working on a formal rule to bring the burgeoning e-cigarette industry under its regulatory authority, a move that will ban sales to minors and add other restrictions to the products.But a final rule could be months away, and there are steps the FDA could take now to crack down on an industry accused of luring young smokers with glossy ads and candy flavors, the lawmakers say.
"While FDA's proposed rule sets the stage for future regulations, strong regulatory actions on marketing to children, e-cigarette flavors, and online sales cannot wait,” they wrote to FDA Commissioner Margaret Hamburg. “FDA has an existing mechanism to protect children now — without waiting years to implement new regulations to accomplish these goals."
E-cigarette company executives testified in June that they are not marketing their wares to children.
Lawmakers responded with incredulity to the assertion, pointing to the use of cartoons and celebrities in advertisements, as well as flavors that include cotton candy, Jolly Rancher and Kool-Aid-themed choices.
Now, the lawmakers are pressing Hamburg to move without delay on a formal ban prohibiting all sales of e-cigarettes to minors, the use of flavors and online sales.
Signing the letter were Democratic Sens. Barbara Boxer (Calif.), Dick Durbin (Ill.), Tom Harkin (Iowa), Jay Rockefeller (W.Va.), Richard Blumenthal (Conn.), Ed Markey (Mass.), Sherrod Brown (Ohio), Jack Reed (R.I.), Jeff Merkley (Ore.), and Dianne Feinstein (Calif.), along with Democratic Reps. Henry Waxman (Calif.), Frank Pallone (N.J.) and Diana DeGette (Colo.).
