US Congress Orders FDA Crackdown on Illegal Disposables, Prioritizing Flavored Ones

According to a recent report by Politico, the appropriations committees of the US Senate and House of Representatives have directed the FDA to crack down on illegal disposable e-cigarette products.

However, the two chambers took different positions in the committee-passed appropriations bill to ensure FDA takes a series of actions. For example, expanding priority enforcement on flavored disposable e-cigarettes and requiring foreign manufacturers to register.

In the Democratic-controlled Senate, lawmakers plan to withhold 10% of funds from the FDA's "other activities" salaries and expenses.

The Republican-controlled House of Representatives wants to halt the enactment of regulations banning menthol-flavored cigarettes and flavored cigars, or limiting the nicotine content in cigarettes, until the FDA addresses several concerns.

The House's actions on Wednesday evening drew criticism from Democratic members of the Appropriations Committee, who slammed the move as a concession to the tobacco industry. However, Republicans rejected amendments to remove the language, stating that the Biden administration has the opportunity to advance relevant regulations.

Republican Congressman Andy Harris stated,

Prioritize tackling illegal products before implementing new regulations on nicotine levels or menthol flavors.

If the White House believes this is the right policy or the right political choice, these regulations could have been completed a year ago.

Congressman Steny Hoyer stated that he does not believe the wording in the House FDA funding bill will undermine the passage of the bill in the House.

I hope it can be removed, this is not a poison pill... unlike some poison pills that were stripped last year, I believe this will also be stripped this year.

Senior member of the House Appropriations Committee Rosa DeLauro believes that the language used in the House is detrimental to public health.

It will not be removed in this environment.

The situation is not over yet, and I believe there is a chance to remove it.

Senator Dick Durbin's spokesperson criticized the House of Representatives' approach as a "gift to tobacco companies.

Devin, a senator, believes that Congress should reject the reckless actions of the House of Representatives and hopes that the language of the Senate will ultimately compel the FDA to stop standing by and prevent all illegal sales of e-cigarettes from being marketed to children.

The Senate Appropriations Committee unanimously passed a bill on Thursday to allocate $6.87 billion to the FDA for the 2025 fiscal year.

The office of Senate Majority Leader Patty Murray has announced that the Senate measure will allocate funding for some agency priorities in the 2024 fiscal year, including $2 million for a newly announced FDA-DOJ joint tobacco task force.