January 30, 2020
Dear Daniel,
Thank you for contacting me about access to smoke-free alternatives to combustible tobacco. I appreciate you taking the time to express your views. Your input is, and will always be, welcomed and appreciated.
I have heard from a number of Michiganders who are concerned about the regulation and taxation of vapor products. I have also heard from a number of Michigan families who are concerned about the increasing number of youth accessing e-cigarettes and vapor products. From 2017 to 2018, use of e-cigarettes jumped 48 percent among middle school students and 78 percent among high school students. In Michigan, county-level data shows similar trends and in some areas like Macomb County, usage rates are even higher at 96 percent. Regulations must be created with the best science available and with the goal of protecting Americans, particularly our nation’s youth.
The Family Smoking and Tobacco Control Act of 2009 gives the FDA the authority to regulate the manufacture, distribution, and marketing of tobacco products. In January 2020, the FDA announced final guidance on unauthorized flavored vapor products that appeal to minors. Under this policy, companies must cease manufacture, distribution and sale of unauthorized flavored vapor products, particularly the fruit, dessert, and mint flavored products. This policy is a dialing back of the Trump Administration’s proposal to ban all vapor products, with broad exemptions for menthol-flavored products and products with refillable liquids. The application deadline for companies to authorize their vapor products is set for May 2020. Congress, regulators, scientists, and health care professionals must work together to continue addressing the epidemic of youth accessing vaping products, while preserving options for adult smokers who use the products as a smoke-free alternative. Please be assured I will keep your views in mind should legislation related to vapor products come before the Senate.
Thank you again for contacting me. I always enjoy hearing from you and hope that you take the time to contact me again soon. For more information, please feel free to visit my website, http://www.peters.senate.gov, or find me on Facebook, Twitter, and Instagram @SenGaryPeters.
Sincerely,
Gary C. Peters
United States Senator
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