Pallone Questions Vaping Companies Over Marketing of Synthetic Nicotine Products to Teens – Energy and Commerce Committee

Following the recent enactment of federal legislation clarifying the authority of the Food and Drug Administration (FDA) to regulate all tobacco products, including those containing synthetic nicotine, Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ)wrote to four leading vaping companies that sell synthetic nicotine products to request information regarding the health and safety of their products.The Chairman also asked each of the companies about their plans to comply with federal regulation, details on their marketing practices, and their role in the promotion of vaping and nicotine use by kids and teens.

In the letters, Pallone notes the companies have appeared to target younger audiences when marketing their products. For example, an ad from Puff Bar marketed itself as the perfect escape from theparental texts; 7 Daze released a range of fruity flavors using synthetic nicotine salts; VaporSalon recently advertised an in-store pizza party for anyone, including people under 21; and a post on Daddys Vapors Instagram states, musical education leads to better test scores with hashtags solely related to vaping.

Given the well-established health consequences of nicotine addiction, I am concerned by the proliferation of synthetic nicotine products like yours when so little is known about the specific consequences of their use.I also remain deeply troubled by the evident influence of your products on youth use of e-cigarettes, Pallone wrote.The rapid increase of adolescents using these products is alarming in its similarity to the early tactics of other tobacco companies that contributed to the emergence of the youth vaping epidemic.

Pallone also raised concerns that prior to enactment of legislation clarifying FDAs authority to regulate synthetic nicotine products, the four companies appeared to be attempting to circumvent agency regulation by selling so-called tobacco-free synthetic nicotine products rather than tobacco-derived nicotine. In the letters, Pallone noted that Puff Bar co-CEO Patrick Beltran claimed, It's well known that this product [synthetic nicotine] is not under the FDA jurisdiction, and VaporSalon posted on its company Facebook page that it switched to synthetic tobacco-free nicotine to be outside of the FDAs regulations.

As FDA continues its ongoing efforts to ensure that the products on the market have been authorized for the protection of public health, your company appears to have been intentionally skirting regulatory authority by using synthetic nicotine instead of tobacco-derived nicotine, Pallone continued.In light of the omnibuss recent clarification of FDAs regulatory authority over all tobacco products, including those containing synthetic nicotine and to address the concerns I have outlined above, please provide the following requested information, as well as a briefing by April 5, 2022.

Since the beginning of the COVID-19 pandemic, there has been an alarming rise in the rate of youth using disposable e-cigarette products.According to the Centers for Disease Control and Preventions 2021 National Youth Tobacco Study (NYTS), more than two million high school and middle school students reported using e-cigarettes in the last 30 days, with more than half using disposable devices.Flavored e-cigarettes are the primary driver of the shift to disposable vaping products among adolescents.In 2020, approximately 85 percent of adolescents using e-cigarettes exclusively used flavored products, and those numbers remained virtually unchanged in 2021.

Pallone has long been a champion of protecting youth from the harms of tobacco usage.As Chairman, Pallone has led Committee efforts to address the youth vaping crisis, including: launching aninquiryin August 2019 on the impact of e-cigarettes on adolescents; holding ahearingin February 2020 on e-cigarette manufacturers impact on public health; and authoringlegislationto address the youth tobacco epidemic, including language clarifying FDAs authority over synthetic nicotine, whichpassedthe House in February 2020.

Last week, President Biden signed H.R. 2471, the bipartisan and bicameral omnibus appropriations and Ukraine supplemental package, into law, which contained the provision championed by Pallone clarifying FDAs authority to regulate synthetic nicotine products.:

As part of the inquiry, Chairman Pallone requested answers to a series of questions, including the following:

The full letter to each company is available below:

7 Daze

Daddys Vapor

Puff Bar

VaporSalon

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Pallone Questions Vaping Companies Over Marketing of Synthetic Nicotine Products to Teens - Energy and Commerce Committee