| 1 | 1 | | 88S31264 BPG-D |
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| 2 | 2 | | By: LaMantia S.R. No. 79 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | R E S O L U T I O N |
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| 6 | 6 | | WHEREAS, In January 2020, the Food and Drug Administration |
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| 7 | 7 | | issued industry guidance outlining its enforcement priorities |
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| 8 | 8 | | regarding e-cigarettes, vapes, and other electronic nicotine |
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| 9 | 9 | | delivery system products; and |
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| 10 | 10 | | WHEREAS, This guidance emphasized the agency's focus on |
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| 11 | 11 | | enforcing regulations against all flavored, cartridge-based ENDS |
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| 12 | 12 | | products, but it unintentionally created a loophole, exempting all |
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| 13 | 13 | | disposable vaping products from enforcement for nearly three years; |
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| 14 | 14 | | and |
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| 15 | 15 | | WHEREAS, Since January 2020, a significant influx of illicit |
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| 16 | 16 | | disposable vaping products has entered the United States; these |
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| 17 | 17 | | originate primarily in China and mostly feature flavors designed to |
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| 18 | 18 | | appeal to children; and |
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| 19 | 19 | | WHEREAS, According to the Centers for Disease Control and |
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| 20 | 20 | | Prevention's National Youth Tobacco Survey, youth consumption of |
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| 21 | 21 | | disposable vaping products has surged by an alarming 2,188 percent |
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| 22 | 22 | | since 2019; a substantial majority of disposable vaping products |
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| 23 | 23 | | introduced to the market have either entered after the FDA's |
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| 24 | 24 | | regulatory submission cutoff date of August 8, 2016, or have failed |
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| 25 | 25 | | to comply with the FDA's regulatory pathways designed to ensure |
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| 26 | 26 | | that products available in stores promote public health and safety; |
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| 27 | 27 | | the urgency of this matter is reinforced by the fact that, in 2021, |
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| 28 | 28 | | 46 percent of high school e-cigarette users vaped at least 20 days a |
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| 29 | 29 | | month, and over 30 percent reported vaping every day; and |
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| 30 | 30 | | WHEREAS, The continued rise in youth vaping is a serious |
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| 31 | 31 | | public health concern that demands immediate attention and action; |
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| 32 | 32 | | much-needed measures include the publication of a directory of |
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| 33 | 33 | | disposable vapor products that can be sold subject to FDA |
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| 34 | 34 | | enforcement discretion, allowing retailers to remove all illegal |
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| 35 | 35 | | disposable vapor products from shelves, as well as the allocation |
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| 36 | 36 | | of resources for federal enforcement across all jurisdictions and |
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| 37 | 37 | | at all ports and border control points of entry; now, therefore, be |
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| 38 | 38 | | it |
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| 39 | 39 | | RESOLVED, That the Senate of the 88th Texas Legislature, 3rd |
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| 40 | 40 | | Called Session, hereby urge the Food and Drug Administration to |
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| 41 | 41 | | provide clear enforcement guidance regarding the distribution and |
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| 42 | 42 | | sales of disposable vapor products; and, be it further |
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| 43 | 43 | | RESOLVED, That the Secretary of the Senate forward official |
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| 44 | 44 | | copies of this resolution to the President of the United States, to |
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| 45 | 45 | | the Speaker of the House of Representatives and the President of the |
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| 46 | 46 | | Senate of the United States Congress, to the Commissioner of the |
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| 47 | 47 | | FDA, and to all the members of the Texas delegation to Congress with |
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| 48 | 48 | | the request that this resolution be officially entered in the |
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| 49 | 49 | | Congressional Record as a memorial to the Congress of the United |
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| 50 | 50 | | States of America. |
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