SE North Carolina News

Senators Ted Budd, Thom Tillis, and Martin Heinrich have addressed a letter to the Food and Drug Administration (FDA) Commissioner Robert Califf. The letter expresses concerns about unauthorized electronic nicotine delivery systems (ENDS) and illicit vaping products being displayed at trade shows across the United States.

The senators highlight that vendors are displaying these illicit products despite the presence of FDA personnel. "These concerns were brought to the FDA’s attention on January 25, 2024, and again on June 6, 2024," they wrote. They emphasize that no satisfactory response has been received from the FDA. The senators point out that manufacturers, mainly from China, continue to bring illicit vapes into the U.S. with minimal consequences.

They urge enforcement actions against these products at upcoming trade shows in 2025 hosted by Total Products Expo (TPE) and Alternative Products Expo (APE) in states including Florida, Nevada, Tennessee, and Texas.

The letter also mentions an instance where FDA personnel attended the 2024 TPE in Las Vegas but did not enforce any actions against unauthorized vendors despite distributing educational materials. "Simply staffing a booth alongside illicit products is negligence," they state.

The senators remind that many companies present at these trade shows have already received warning letters from the FDA. On September 13, 2024, six new warning letters were issued to manufacturers of illicit products present at the TPE event.

The letter seeks answers to several questions regarding FDA's steps with federal partners like the Department of Justice (DOJ) and Customs and Border Protection (CBP) to prevent such occurrences in future expos. It also inquires about metrics used for assessing collaboration efficiency and whether DOJ has rejected enforcement requests historically.

The senators request a response from Commissioner Califf by January 24, 2025.