[Congressional Record Volume 161, Number 63 (Wednesday, April 29, 2015)]
[Senate]
[Pages S2541-S2542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FDA TOBACCO DEEMING REGULATIONS
Mr. BROWN. Mr. President, it has been more than a year since the Food
and Drug Administration issued its proposed tobacco deeming
regulations. These regulations would give the Agency the same
regulatory authority it currently has over traditional tobacco
cigarettes to other unrelated tobacco products such as e-cigarettes and
hookahs.
These regulations are critical for public health, especially for
children. Yet, they have languished within the administration for more
than a year. A year is too long to wait because we know what has been
happening.
According to a report from the Centers for Disease Control--the FDA's
own Center for Tobacco Products--in the past year, e-cigarette use has
tripled among teens. Absent any regulation, more and more of these
potentially dangerous products have found a way into the hands of our
children.
After just a few years on the market, children's use of e-cigarettes
has now surpassed the use of traditional cigarettes. Think back to the
first time we heard about e-cigarettes. I didn't know what people were
talking about. Now we see there are more children using e-cigarettes
than traditional cigarettes. This is in large part because we have
failed to regulate these addictive products.
Until these regulations are finalized, e-cigarette companies will be
able to freely advertise their products to our children in Juneau and
to our children in Cleveland.
What many people fail to realize is that often e-cigarette companies
and big tobacco companies are now one and the same. Marlboro-maker
Altria Group, the Nation's largest tobacco company, is making up for
its loss in revenue as cigarette smoking has declined--and it is doing
so among children too--making up its loss of revenue from combustible
tobacco products by marketing its MarkTen electronic cigarette.
Lorillard has acquired Blu e-cigarettes. Reynolds American, the maker
of Camel and Pall Mall cigarettes, has a new e-cigarette called VUSE.
Much of Big Tobacco's behavior is driven by one giant and irrefutable
fact: Tobacco in the United States kills 400,000 people a year. Think
about that--400,000 Americans die prematurely from tobacco use every
year. What does that mean? That means tobacco companies need to find
400,000 new customers a year. They are not going to market to people
such as the Presiding Officer or me or the people staffing the Senate
floor. They are going to people like the pages. They are going to
people 16 and 17 years old to addict them to cigarettes. People my age
rarely start smoking; people their age so often do.
Big Tobacco has to find these new customers. It used to be that they
preyed on children with highly paid, sophisticated tobacco executives
who spend their days figuring out how to entice teens to start smoking
with characters such as Joe Camel. We think of Camel No. 5, some of the
things they did. Now that they are no longer allowed to advertise
traditional tobacco products to kids--and parenthetically, that is one
of the great public health victories in this country, what this body
did, what the House of Representatives did, what Presidents did to
alert public health and to change young people's behavior so young
people did not start smoking in larger numbers. That was an effort by
government and consumer groups and children's groups.
These tobacco companies now, though, are taking advantage of the new,
unregulated world of e-cigarettes to advertise their products directly
to children because they can. Joe Camel has been replaced by
celebrities smoking e-cigarettes. These companies sponsor youth-
oriented events and air ads on TV and radio aimed at teenagers. They
are using new advertising platforms on social media to get to kids
where parents typically are not looking.
The shameful e-cigarette marketing tactics employed by tobacco
companies are encouraging this next new generation to use tobacco, and,
as the CDC's study shows, their tactics are working--triple the use,
triple the number of young people smoking these e-cigarettes.
Another recent study revealed that teens were able to purchase e-
cigarettes online in 94 percent of the attempts they made. None of them
were required to show proof of their age when the cigarettes were
delivered.
[[Page S2542]]
A study published in the New England Journal of Medicine that
examined the use of candy flavors in tobacco products found that--no
surprise here--flavors drive increases in tobacco use among kids. E-
cigarettes and their refill liquids come in thousands of different
flavors, such as Gummi Bears, Sweet Tarts, and Fruit Loops. Just look
at this photo of Gummi Bear-flavored e-liquid. The bottle is about this
big.
As the president of the American Academy of Pediatrics, Dr. James
Perrin, said, ``Because liquid nicotine comes in a variety of bright
colors and in flavors appealing to children such as cotton candy and
gummy bear, it is no surprise that these products have found their way
into the hands of children.''
I don't think they are making gummy bears to encourage people the age
of the Presiding Officer, to get them to start smoking, or my age; they
are getting young children to start smoking. Gummi Bears, Fruit Loops,
and Sweet Tarts--those are candies young children receive at Halloween.
They are also flavors of highly toxic products.
The bottle in this photo contains two teaspoons of liquid nicotine. A
single teaspoon of this e-liquid, even if it is highly diluted, can
kill a small child if ingested. It is totally legal. People will see
this sold at drugstores and at all kinds of places. Children are likely
to pick it up if they see it around the house. There is a chance--there
always is in a country of 300 million people--that some child will--
attracted by this, looking at this, the cute little bottle--will drink
it, and that child could die.
It is past time for the FDA to regulate these dangerous products
before more children and more teenagers get hooked on e-cigarettes.
My colleagues and I, led by Senator Merkley, Senator Blumenthal,
Senator Durbin, and others, have called on the FDA over and over again
to finalize these proposed rules and reject efforts to weaken these
proposed regulations. Every day the FDA waits is thousands more
children getting addicted to nicotine, thousands more children getting
exposed potentially to drinking this very toxic liquid, and thousands
more children smoking these e-cigarettes.
Tobacco companies are pushing to allow more products to be
grandfathered out of the new rules. They want to exempt a huge range of
e-cigarettes from any review to determine whether they are a threat to
public health. That would mean these products would never be subject to
review by the FDA. How stupid of a nation can we be? We have been so
successful in the last 40 years as public health officials, as Members
of Congress, as responsible adults, as consumer groups and advocates
for children. We have been so successful in reducing the incidence of
smoking, especially among young people. It has changed the whole next
generation. Yet, now we are letting this happen.
E-cigarettes are still tobacco products. They are used by the tobacco
industry--I haven't talked about this yet--as a gateway cigarette for
kids, and that doesn't stop. They see this, and they start smoking
these e-cigarettes. Then a year or 2 years, 5 years, 10 years down the
road, they will be smoking traditional tobacco and they will be
addicted, and we know what addiction to cigarettes is for so many of
our fellow Americans.
My colleagues and I urge the Food and Drug Administration to
strengthen and finalize these regulations before any more of our
children get hooked on potentially dangerous and addictive tobacco
products.
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