Dr. Marty Makary, the nominee for US FDA commissioner. Photo credit: US Senate
During the Senate confirmation hearing for Dr. Marty Makary, president Donald Trump’s nominee for commissioner of the US Food and Drug Administration, on March 6, US Sen. Ashley Moody from Florida raised concerns about the widespread availability of unregulated nicotine vaping products manufactured in China.
Moody, the former attorney general for Florida, told Makary, a Johns Hopkins surgeon, that the country needs more vigorous enforcement against unauthorized vaping products infiltrating the US market. She said the lack of common-sense regulatory oversight for vaping products is troubling. She criticized FDA for failing to address the influx of flavored vapes—many of which are unauthorized—found in convenience stores nationwide.
“These chemically ridden vapes are flooding our market and addicting our children,” Moody told Makary during the Senate’s Health, Education, Labor and Pensions (HELP) Committee hearing.
Makary acknowledged the growing presence of vape retailers in local communities and admitted that public health agencies, mainly FDA’s Center for Tobacco Products, struggle to keep pace with evaluating the safety of the products. He pointed out that the often-unknown ingredients in e-cigarettes present a significant concern.
To combat the problem, Makary proposed leveraging FDA’s Office of Inspections and Investigations (OII) in collaboration with the Department of Justice (DOJ) to crack down on unauthorized vape distribution.
In mid-2024, FDA and DOJ announced the creation of an interagency task force focused on combating the illegal distribution and sale of unauthorized e-cigarettes in the United States through using an all-government approach. However, if Makary intends to increase scrutiny on imported vaping products above and beyond current levels, that move could pave the way for stricter enforcement.
According to industry stakeholders, companies should prepare for possible policy changes and advocate for fair regulations that reward responsibly manufactured nicotine products.
In a recent letter to the US president, Tony Abboud, executive director of the Vapor Technology Association, said it is time to ensure that Trump keeps his promise to save the flavored vaping industry and small businesses.
Before the election, after a meeting with Abboud, Trump said on his social media platform that he would “save vaping again!”
“I saved flavored vaping in 2019, and it greatly helped people get off smoking. I raised the age to 21, keeping it away from the ‘kids.’ Kamala and Joe want everything banned, killing small businesses all over the country. I’ll save vaping again!” Trump's post on Truth Social stated at the time.
Trump’s recently confirmed health secretary, Robert F. Kennedy Jr., has said little about how he would regulate vaping products, nicotine pouches, and other less risky nicotine products. However, Kennedy did use a nicotine pouch during his Senate hearing.
Makary’s nomination hearing before the full US Senate is expected to be held in early April.