Durbin Releases GAO Report Detailing FDA & DOJ’s Failure To Crack Down On The Thousands Of Kid-Friendly Flavored Vaping Products Illegally On The Market

CHICAGO – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today released the Government Accountability Office’s (GAO) newly-completed report examining the Food and Drug Administration (FDA) and the Department of Justice’s (DOJ) interagency enforcement activities related to the sale of unauthorized e-cigarettes. In August 2024, Durbinrequestedthe report from GAO as FDA neglected to complete its long-overdue review of pre-market tobacco product applications (PMTAs) from e-cigarette manufacturers or take enforcement actions against addictive, kid-friendly e-cigarettes being unlawfully sold.
This new GAO report, which is entitled “Combating Illicit Substances: DOJ Enforcement of Unauthorized E-Cigarettes,” confirms that thousands of kid-friendly flavored e-cigarettes are being illegally sold while FDA and DOJ, which established amulti-agency task forceto combat the sale of illicit vaping products, have largely failed to take significant enforcement action against the illegal products. The GAO report reveals new findings about the limited enforcement action taken, lack of coordination, and diversion of DOJ resources away from tobacco enforcement to unrelated immigration priorities of the Trump Administration.
Under the 2009Family Smoking Prevention and Tobacco Control Act(TCA), no tobacco product can enter the market unless its manufacturer first proves to FDA that it is “appropriate for the protection of public health.” Despite this pre-market authorization requirement, FDA has repeatedly failed to review and process e-cigarette applications despite deadlines set byCongressand afederal court. As the GAO report lays out, these illegal products have flooded the market and continue to be sold because of FDA and DOJ’s inaction.
“The law is clear that e-cigarettes must obtain FDA authorization to enter the market, yet thousands of vapes are unlawfully and brazenly sold in stores and online by retailers nationwide. This GAO report helps shed light on FDA and DOJ’s failure to protect children from a lifetime of nicotine addiction. Despite court mandates and congressional deadlines, thousands of dangerous, kid-friendly e-cigarettes are still on the market illegally,”Durbin said.“FDA and DOJ must use their enforcement tools instead of cowering to the tobacco industry. The health of our kids depends on it.”
Main takeaways from GAO’s report include:
A copy of the final report can be foundhere.
Durbin has been a vocal leader in the fight against Big Tobacco since he lost his father to lung cancer when Durbin was 14. He went after Big Tobacco when he served in the House of Representatives and led the charge to ban smoking on airplanes, which eventually led to bans on smoking in restaurants, office buildings, trains, and other locations. Durbin has also led efforts to grant FDA jurisdiction over tobacco, raise tobacco taxes to prevent youth initiation, and enhance support for tobacco cessation tools.
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