Senator Rebukes FDA's Repeated Vaping Rule Delays

Senator Dick Durbin recently gave an impassioned Senate floor speech criticizing the FDA for missing key deadlines to regulate vaping products. He argued delays enable unsafe products to flood the market and negatively impact public health.

Missed PMTA Deadline

A 2009 law requires vaping companies to prove to the FDA that products are safe prior to selling them. This "premarket tobacco product application" (PMTA) process had a court-ordered fall 2021 deadline.

However, Durbin stated the FDA is 28 months past its deadline, with thousands of unauthorized vaping products still on sale. He suggested this violates the law's intent to protect public health.

Impacts on Teen Addiction

Durbin implied delays have enabled a teen vaping epidemic. He cited the Surgeon General stating vaping can damage developing brains and harm mental health and learning.

The Senator suggested properly enforcing PMTA rules could reduce unauthorized access to vapes that appeal to and addict teens.

Menthol Cigarette Prohibitions

Durbin also called on the Biden administration to quickly prohibit menthol cigarettes and flavored cigars. He argued communities of color disproportionately face tobacco-related addiction and death due to targeted industry marketing.

The Senator suggested implementing menthol bans could eliminate disparities and save hundreds of thousands of lives.

Synthetic Nicotine Concerns

In addition, Durbin criticized the FDA's failure to regulate synthetic nicotine vape products by a July 2022 legal deadline. He said synthetic nicotine vapes are now the most popular among teens.

Durbin implied timely FDA action could have reduced this surge in youth usage of products deliberately designed to avoid regulation.

Calls for Reform

Given repeated delays causing public health impacts, Durbin demanded the FDA utilize its regulatory powers to address vaping issues. He noted FDA Commissioner Califf's two-year anniversary is approaching.

The Senator has a long history of anti-tobacco advocacy after losing his father to lung cancer at 14 years old. He continues urging regulatory bodies to prioritize health over industry interests.