Duval Times

U.S. Senator Marco Rubio (R-FL) has criticized the U.S. Food and Drug Administration (FDA) for its lack of effective enforcement against Chinese companies flooding the U.S. market with illegal vaping products. Rubio sent a letter to FDA Commissioner Robert Califf expressing concern about the importation and distribution of illicit Chinese disposable e-cigarettes in the United States.

Rubio highlighted the regulatory loopholes and lax enforcement by the FDA that have allowed Chinese companies to flood the market with untested and unapproved devices. He emphasized that this has put millions of American consumers, including minors, at risk of using illegal and potentially dangerous vapes.

In his letter, Rubio pointed out the stark contrast between the rigorous process that law-abiding American companies go through to gain FDA approval for their products and the ease with which unscrupulous Chinese companies send shipping containers full of illegal e-cigarettes into the country. He criticized the FDA's attempts at enforcement as "totally inadequate."

Rubio also highlighted the FDA's regulatory double standard, where only domestic e-cigarette manufacturing sites are required to register with the agency and undergo routine inspections, while foreign vaping manufacturers have no such requirement. This has resulted in the dominance of dangerous and illegal Chinese vapes in the market.

The senator expressed concern over the presence of dangerous and untested products, such as disposable Chinese vapes with illegal levels of nicotine and substances like fentanyl, in the United States. With a significant number of youth and adults using e-cigarettes, Rubio stressed that the FDA needs to take significant action to address this issue.

Rubio also pointed out that some Chinese e-cigarette companies have taken advantage of the FDA's lack of enforcement, using it as an excuse for their illegal business. He cited a spokesman for Heaven Gifts, a Chinese disposable e-cigarette company, who described the regulations as incoherent and unclear. This has led to retailers unintentionally putting their customers at risk by selling products without knowing their regulatory status.

In his letter, Rubio called on the FDA to take a proactive role in combatting illegal Chinese vapes and requested answers to a series of questions. These questions include how the FDA is ensuring the safety of imported vaping products, how the agency is ensuring that all importers understand the health and safety standards required to legally sell their products, and whether the FDA intends to publish a rule that would require foreign tobacco product manufacturers to register and be inspected by the agency.

Rubio also asked about the FDA's collaboration with agencies like Customs and Border Protection (CBP) and the Department of Justice to prevent harmful vaping products from reaching store shelves. He inquired about the resources available for consumers and retailers to educate themselves about the prevalence and dangers of illicit vaping products and what action the FDA has taken to prevent illicit vaping companies from rebranding and importing their products without completing the approval process.

Rubio concluded his letter by expressing his hope for a prompt response from Commissioner Califf and emphasized the need for Congress to further support the FDA in cracking down on these illicit vaping companies.