ARMSTRONG: FDA Inaction at Houston Vape Expo Highlights Enforcement Failure

Despite its promises of accountability, the Food and Drug Administration (FDA) has been failing in its enforcement to keep illegal vapes from the market. In many cases, illegal vape manufacturers are brazenly flouting regulations, openly marketing their products to children and teens and skirting enforcement – often right under the FDA’s nose.

A prime example of this enforcement failure happened recently when the Alternative Products Expo came to Houston. Described as the premiere traveling international trade show for the vaping and cannabis scene, the expo hosted hundreds of vendors at George R. Brown Convention Center as part of an industry-wide effort to showcase new products, drum up business, share knowledge and learn about the latest industry regulations.

Among these exhibitors were over 50 manufacturers who have either been busted for, or sent, FDA warning letters over youth-enticing cartoon designs and games. A host of others are known for manufacturing illegal e-cigarettes. Conveniently, in the middle of the hall, the FDA had a booth too – just a few feet away from said exhibitors.

While the expo should have been a reckoning for these illegal manufacturers, it went off without a peep. There were no raids. No enforcement. No accountability.

This happened not even a week after the Senate Judiciary Committee called the FDA to task for not addressing the illicit vape issue head-on, and just a year after the FDA declared it would use “the full scope” of its enforcement tools to hold the peddlers of unauthorized vapes accountable.

Meanwhile, illegal vape manufacturers – 90% of whom are based in China – are taking advantage of this leniency, pumping the market full of new, unregulated products. The statistics are staggering: Today, more than 11,500 disposable, illegal, unique vaping products are being sold in U.S. stores – a 27% increase from a few months ago.

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The expansion of these products has dangerous effects, especially on kids and teens, and contributes to youth nicotine use. Disposable vapes are the preferred form of nicotine use among teens, with the vast majority of them (60%) preferring to use these illegal disposable e-cigarettes originating from China.

This brazen disregard of FDA enforcement underscores how ineffective the agency has been at enforcing its own policies and promises. In instances like the Alternative Products Expo, where illegal manufacturers are quite literally within arm’s reach, enforcement seems like it would be easy. Yet, when presented with the opportunity, the FDA appears to have done nothing. And while the FDA slacks on enforcement, the illegal manufacturers keep on expanding because they know they won’t be caught.

As these illegal vape manufacturers run rampant, it is past time for hollow promises. If the FDA wants to be viewed as a trusted agency, it needs to actually do what it said it would and start enforcing the law.

Dr. Robin Armstrong is a Doctor of Internal Medicine who practices in the Houston area, owner of Armstrong Medical Group and Texas National Committeeman for the Republican National Committee.

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