88S31264 BPG-D
By: LaMantia S.R. No. 79
R E S O L U T I O N
WHEREAS, In January 2020, the Food and Drug Administration
issued industry guidance outlining its enforcement priorities
regarding e-cigarettes, vapes, and other electronic nicotine
delivery system products; and
WHEREAS, This guidance emphasized the agency's focus on
enforcing regulations against all flavored, cartridge-based ENDS
products, but it unintentionally created a loophole, exempting all
disposable vaping products from enforcement for nearly three years;
and
WHEREAS, Since January 2020, a significant influx of illicit
disposable vaping products has entered the United States; these
originate primarily in China and mostly feature flavors designed to
appeal to children; and
WHEREAS, According to the Centers for Disease Control and
Prevention's National Youth Tobacco Survey, youth consumption of
disposable vaping products has surged by an alarming 2,188 percent
since 2019; a substantial majority of disposable vaping products
introduced to the market have either entered after the FDA's
regulatory submission cutoff date of August 8, 2016, or have failed
to comply with the FDA's regulatory pathways designed to ensure
that products available in stores promote public health and safety;
the urgency of this matter is reinforced by the fact that, in 2021,
46 percent of high school e-cigarette users vaped at least 20 days a
month, and over 30 percent reported vaping every day; and
WHEREAS, The continued rise in youth vaping is a serious
public health concern that demands immediate attention and action;
much-needed measures include the publication of a directory of
disposable vapor products that can be sold subject to FDA
enforcement discretion, allowing retailers to remove all illegal
disposable vapor products from shelves, as well as the allocation
of resources for federal enforcement across all jurisdictions and
at all ports and border control points of entry; now, therefore, be
it
RESOLVED, That the Senate of the 88th Texas Legislature, 3rd
Called Session, hereby urge the Food and Drug Administration to
provide clear enforcement guidance regarding the distribution and
sales of disposable vapor products; and, be it further
RESOLVED, That the Secretary of the Senate forward official
copies of this resolution to the President of the United States, to
the Speaker of the House of Representatives and the President of the
Senate of the United States Congress, to the Commissioner of the
FDA, and to all the members of the Texas delegation to Congress with
the request that this resolution be officially entered in the
Congressional Record as a memorial to the Congress of the United
States of America.