Wittman urges FDA to crack down on illegal vaping products from China

Two lawmakers, including Rep. Rob Wittman (R-VA-01) sent a letter to the Food and Drug Administration Wednesday, urging the agency to crack down on illegal vaping products from China.

Wittman and Rep. Raja Krishnamoorthi (D-IL-08) wrote that more than half of all vaping products sold in the U.S. are e-cigarettes and related accessories, which are imported from China. A recent joint federal operation resulted in the seizure of more than 1.4 million units of illegal e-cigarettes in December, but Wittman and Krishnamoorthi wrote that "much more needs to be done."

According to the lawmakers, a recent study found that among youngsters who reported e-cigarette use, more than one in four used e-cigarettes daily in 2023, and more than a third reported using e-cigarettes at least 20 days in a month.

"Nine out of ten users preferred flavored e-cigarettes, with 56 percent of users using the most popular reported brand, Elf Bar, which is made and illegally imported from the PRC," the representatives wrote.

The lawmakers wrote that the FDA has not issued a rule requiring foreign manufacturing registration, as contemplated in the Tobacco Control Act. They asked the agency to explain why it has not issued a rule.

"The Agency appears to have missed its December 2023 deadline for finalizing review of large market share Electronic Nicotine Delivery Systems (ENDS) product applications," the letter states. "When will FDA come into compliance with the court order and finalize review of these applications? What is the cause of further delay?"

Wittman and Krishnamoorthi asked for a response by March 1.