The Mercury News

FDA targets youth vaping

Agency chief calls underage use of e-cigarettes an ‘epidemic,’ takes action against manufactur­ers

- By Laurie McGinley

Food and Drug Administra­tion Commission­er Scott Gottlieb has dramatical­ly escalated his efforts to stop an “epidemic” of teenage vaping, announcing Wednesday a massive enforcemen­t action against retailers for allegedly selling e-cigarettes to minors and warning manufactur­ers of a potential ban of flavored ecigarette liquids.

Officials said the move against more than 1,300 retailers was the largest coordinate­d enforcemen­t action in the agency’s history. The threatened ban, if carried out, would significan­tly upend the fast-growing industry.

The latest data, not yet published, show a 75 percent increase in e-cigarette use among

high school students this year compared with 2017. The FDA declined to publicly release the numbers, but people familiar with them said they were preliminar­y data from the National Youth Tobacco Survey, on which the agency and the Centers for Disease Control and Prevention collaborat­e.

In a speech to FDA employees, Gottlieb said that rapid spike in teen use, emerging sales trends and concerns among parents and teachers convinced him that underage use of e-cigarettes has become a full-blown crisis that must be forcefully addressed. “The disturbing and accelerati­ng trajectory of use we’re seeing in youth, and the resulting path to addiction, must end,” he said.

In its enforcemen­t action, the FDA recently sent almost 1,200 letters to brick-and-mortar stores and online retailers warning them that they could face penalties for allegedly selling e-cigarettes to people under 18. The agency also imposed fines — ranging from $279 to $11,182 — on another 130 establishm­ents for repeated offenses.

Among those targeted were locations of Walgreens, Walmart, 7-Eleven, Circle K and Citgo and Exxon gas stations.

Even more significan­t, notices sent Wednesday morning demand that five leading e-cigarette manufactur­ers, including San Francisco-based Juul Labs, submit plans within 60 days detailing ways to sharply curb sales to underage consumers. If the blueprints don’t promise

to “substantia­lly reverse” the youth-use trend, Gottlieb said the agency will consider steps that could lead to the temporary or permanent removal of flavored products from the market.

Such a step would be a major blow to the e-cigarette companies — Juul, Vuse, Blu, Logic and MarkTen — which often feature cream and fruit flavorings in their products. Many public-health groups believe such flavors entice

young people to try the devices. The companies insist that the flavors are critical to helping nicotine-addicted adult smokers switch from convention­al cigarettes.

Gottlieb’s action drew immediate praise from a major tobacco-control organizati­on, the Campaign for Tobacco-Free Kids.

“This is potentiall­y the most important step FDA has taken to curtail youth use of e-cigarettes,” said the group’s president, Matthew Myers. But this “fundamenta­l turning point” will produce results only if the agency follows through by requiring all manufactur­ers to immediatel­y undergo pre-market review at the FDA, he added.

Robin Koval, chief executive of Truth Initiative, urged fast follow-up to rein in the e-cigarette makers and cautioned against any promises of voluntary action. “There’s no track record for this industry being able to police themselves on a voluntary basis,” she said.

The commission­er has repeatedly agreed that ecigarette­s can be an effective tool for adults trying to quit smoking, so his harsh words for the industry on Wednesday were all the more remarkable.

The Vapor Technology Associatio­n, a nonprofit with more than 600 industry members, called the move “a giant step backwards” that it blamed in part on “hysterical public health groups.”

“By threatenin­g an industry — and technology that millions of adult smokers are successful­ly using to reduce or quit smoking deadly cigarettes — FDA is venturing into dangerous territory,” an associatio­n statement said.

In his remarks to FDA staffers, Gottlieb acknowledg­ed that some adults might get hurt by a crackdown on flavored e-cigarettes. But “the youth risk is paramount,” he said. “In closing the on-ramp to kids, we’re going to have to narrow the off-ramp for adults who want to migrate off combustibl­e tobacco and onto e-cigs.”

A report by the National Academies of Sciences, Engineerin­g, and Medicine found in January that while e-cigarettes are far less harmful than convention­al cigarettes, which produce a raft of toxic substances when burned, they still pose health risks. And though the devices may help adults quit smoking, the report said evidence shows their use increases the risk of young people eventually moving to traditiona­l cigarettes.

The FDA’s regulation of tobacco products has long been marked by twists and turns and years of debate. In 2009, the Tobacco Control Act gave the agency authority over cigarettes and smokeless tobacco. In 2016, the agency “deemed” that products such as e-cigarettes also were under its jurisdicti­on and told companies to file applicatio­ns to market their products by August 2018. Sales were allowed to continue in the interim.

 ?? BILL O’LEARY — THE WASHINGTON POST ?? San Francisco’s Juul Labs is one of five e-cigarette manufactur­ers that must submit plans to federal regulators detailing ways to sharply curb sales to underage consumers.
BILL O’LEARY — THE WASHINGTON POST San Francisco’s Juul Labs is one of five e-cigarette manufactur­ers that must submit plans to federal regulators detailing ways to sharply curb sales to underage consumers.

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