[Congressional Record Volume 165, Number 185 (Tuesday, November 19, 2019)]
[Senate]
[Pages S6634-S6635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              E-cigarettes

  Mr. DURBIN. Mr. President, on September 11, President Donald Trump 
held a press conference with the First Lady in the Oval Office. He 
announced that his administration would finally be taking bold action 
to combat our Nation's youth vaping epidemic. The epidemic is what the 
Food and Drug Administration characterized as the vaping that is going 
on in schools across America today--not just high schools, where 27 
percent of the students are currently vaping, but middle schools and 
grade schools as well.
  Seated next to the President on September 11 in the Oval Office was 
the First Lady. On the other side was the Secretary of the Department 
of Health and Human Services, Alex Azar. Directly across from the 
President was then-Acting Commissioner of the Food and Drug 
Administration, Dr. Ned Sharpless.
  At the press conference, President Trump stated:

       We have a problem in this country . . . and it is called 
     ``vaping''--especially vaping as it pertains to innocent 
     children. . . . And we're going to have to do something about 
     it.

  Then Secretary Azar said:

       An entire generation of children risk becoming addicted to 
     nicotine. . . . So with the President's support, the Food and 
     Drug Administration intends to finalize a guidance document 
     that would . . . require that all flavors other than tobacco 
     flavor would be removed from the market.
       This would include mint and menthol flavoring, as well as 
     candy flavors, bubblegum flavor, fruit flavor, and alcohol 
     flavor.

  Explaining why this action was necessary, the Acting FDA 
Commissioner, Dr. Sharpless, said:

       Flavored e-cigarette products drive childhood use.

  Secretary Azar and Acting Commissioner Sharpless committed to 
finalizing this guidance, in their own words, within ``a couple of 
weeks.'' Yet here we are more than 2 months later with no e-cigarette 
flavor ban in place.
  What is worse, now there are reports that President Trump has decided 
to reverse himself, to break the promise he made to American families, 
as a direct result of lobbying from big tobacco and big vape companies. 
We know whom this President is hearing from. He is hearing from JUUL, 
the company primarily responsible for today's youth vaping epidemic. He 
is hearing from Altria, the big tobacco company that just bought a 
major stake in JUUL. He is hearing from the Vaping Technology 
Association, a lobbying organization that represents vaping shops 
nationwide. It makes sense that these companies would want the 
President to reverse himself, to break his word to American families, 
because they make profits on the backs of our kids, just like Big 
Tobacco did for so many years.
  Today, almost 30 percent of all high school-aged children are vaping. 
That is more than 5 million kids. Where did they come up with these 
numbers? From this administration's report to the American people. Four 
percent of adults are vaping and up to 30 percent of high school kids. 
When they show these pictures of adults walking around with buttons 
that say ``We vape and we vote,'' it is a tiny sliver of America. The 
kids should be wearing buttons that say ``We vape, and our health is at 
risk.''
  Over the last 2 years of Donald Trump's Presidency, the number of 
children vaping has increased by 135 percent. More than 1 in 4 high 
school kids are using e-cigarettes, and more than 1 in 10 middle school 
children are following their example. Kids are using these products 
because of the cool, sleek designs of devices like JUUL and because of 
the flavors designed to appeal to just kids. Listen to them: cotton 
candy, unicorn milk, cool mint, mom's sugar cookie, and, of course, 
menthol.
  According to the Food and Drug Administration, more than 80 percent 
of children who vape started with flavored e-cigarettes. Does anyone 
believe that these vaping flavors are actually intended for a 50-year-
old chain smoker looking to quit cigarettes--flavors like Farley's 
Gnarly Sauce, Bubble Purp by Chubby Bubble, Blue Razz by Candy King, 
and Cotton Candy by Zonk? Do you honestly think a 50-year-old trying to 
break a tobacco cigarette habit is going to buy Cotton Candy by Zonk 
flavoring?
  Every single one of these products is on the market today without 
review or authorization from the Food and Drug

[[Page S6635]]

Administration. That is because under President Trump, the FDA decided 
to delay regulation of these products for years. And while the FDA 
dithers, children get addicted. As a result, it is the Wild Wild West 
out there with respect to unapproved, unregulated, dangerous, and 
addictive vaping products, and it is our kids who are paying the price.
  Despite what Big Vape says, these products are not safe. In recent 
months, we have seen thousands of illnesses and 42 deaths associated 
with vaping, including four in Illinois.
  Two weeks ago, a woman came up to me and said: You don't know me. I 
am a nurse. And she gave me the name of the hospital. She said: I just 
want to tell you, I was there when that 22-year-old man died last week 
from vaping. He had been in our hospital for months waiting for a lung 
transplant because of the damage he had done to his lungs by vaping. He 
couldn't find a donor, and he died.
  There are other known dangers associated with e-cigarettes and 
nicotine. Nicotine is a toxic, highly addictive substance that raises 
blood pressure and spikes adrenaline, increasing the risk of heart 
disease. Nicotine can have short- and long-term negative health impacts 
on the developing brain. Kids who use e-cigarettes are more likely to 
transition to tobacco cigarettes, and those kill 480,000 Americans each 
year. There is hardly a family in this country who hasn't been touched 
by tobacco-related death and disease.
  A Dartmouth study shows that e-cigarette use leads to 81 new smokers 
for every 1 smoker who quits. Don't buy the pitch from JUUL that you 
ought to be vaping so that you can get off of tobacco cigarettes. It is 
running just the opposite--kids starting on vaping and converting to 
tobacco cigarettes.
  What do we know about e-cigarettes? They are predominately used by 
our children. Flavors play a major role in hooking kids on nicotine. 
Nicotine use harms the developing brain, and kids who vape are more 
likely than their peers to transition to tobacco cigarettes.
  Now let's consider what we don't know about e-cigarettes. We don't 
know whether they are safe. We don't know whether they actually help 
adult smokers quit. We often don't know what the ingredients are in 
those devices.
  E-cigarette flavors need to come off the market unless or until they 
can prove they have a public health benefit--and good luck to that.
  The President of the United States, the Secretary of Health and Human 
Services, and the head of the Food and Drug Administration all told us 
on September 11 that they were on the side of kids and families and 
public health, and they promised us they were going to do something 
about it. Today, I am sending the President a letter asking him to keep 
his word, to ban e-cigarette flavors, which threaten our kids with a 
lifetime of nicotine addiction, illness, and, sadly, even death.
  Along with families nationwide, I am hoping the President cares more 
about children than he does about the lobbying pressure from big 
tobacco and big vape companies. Just because they can buy an ad on FOX 
TV does not mean they are right.
  For goodness' sake, Mr. President, stick with your promise of 
September 11. Protect our kids from this vaping epidemic.
  I ask unanimous consent that my letter to the President be printed in 
the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                Washington, DC, November 19, 2019.
     Hon. Donald J. Trump,
     President of the United States,
     The White House, Washington, DC.
       Dear Mr. President: As President of the United States, you 
     have a responsibility to put the health and safety of our 
     people--especially our nation's children--above all else. On 
     September 11, 2019, you were poised to do just that, 
     announcing a long-overdue plan from the Oval Office to 
     quickly ban all non-tobacco flavored e-cigarettes, including 
     flavors such as cotton candy, sugar cookie, fruit medley, 
     cool mint, and menthol. Sitting alongside the First Lady, 
     Health and Human Services (HHS) Secretary, and then-Acting 
     Food and Drug Administration (FDA) Commissioner, it had all 
     the trappings of a made-for-television event you seem to 
     relish.
       Along with all major public health, education, and parent 
     organizations, I praised this move because e-cigarettes--and 
     their accompanying kid-friendly fiavors--are reversing 
     decades of hard-fought progress our nation has made in 
     reducing youth smoking rates. And now, along with all major 
     public health, education, and parent organizations, I have 
     watched in horror over the past two months as you have 
     seemingly caved to Big Tobacco and Big Vape lobbying 
     pressure, breaking your promise to address our nation's youth 
     vaping epidemic.
       Here is what we know about e-cigarettes:
       We know that, in the past two years of your presidency, our 
     nation has experienced a 135 percent increase in youth use of 
     e-cigarettes.
       We know that five million children are now vaping, 
     including more than one in four high-school students and more 
     than one in ten middle-school students.
       We know that nearly 30 percent of children under the age of 
     18 are now vaping, compared with less than 4 percent of 
     adults.
       We know that JUUL has fueled this youth public health 
     ``epidemic,'' as it has been defined by every major federal 
     health official in your Administration.
       We know that e-cigarette flavors--including mint and 
     menthol--are why children first try and become addicted to e-
     cigarettes.
       We know that more than 2,000 Americans have recently been 
     sickened as a result of vaping. We also know that, to date, 
     42 people have died--including four in my state.
       We know that not a single e-cigarette product available for 
     purchase today is on the market with authorization from the 
     FDA.
       Finally, we know that your Administration has completely 
     abdicated its duty to protect the public health by repeatedly 
     delaying and refusing to regulate any of these dangerous and 
     addictive products.
       Here is what we do not know about e-cigarettes:
       We do not know the short- or long-term health impacts of 
     using these products, especially in children (though we do 
     know that use of nicotine in the developing brain has many 
     negative and long-term health consequences).
       We do not always know what ingredients--beyond nicotine--
     are in e-cigarettes and the accompanying flavors, nor do we 
     know the short- or long-term health impact of the use of 
     those ingredients. We do not if e-cigarettes and flavors 
     actually help adult smokers quit cigarettes (though we do 
     know that e-cigarette use leads to 80 new smokers for every 
     one smoker who reports quitting).
       We do not conclusively know why so many people who vape are 
     getting sick and dying.
       We do not have answers to these questions because the 
     tobacco and vaping industries--shrouded in secrecy and 
     deception--have refused to conduct the much-needed clinical 
     trials and studies, instead preferring to keep the health 
     consequences a secret. Perhaps even more concerning is that 
     your FDA--the federal agency responsible for regulating 
     tobacco products--has not required them to do so.
       More than two months ago, when you announced the impending 
     e-cigarette flavor ban, you stated, ``We have a problem in 
     our country . . . It's a problem nobody really thought about 
     too much a few years ago, and it's called `vaping'--
     especially vaping as it pertains to innocent children . . . 
     And we're going to have to do something about it . . . We're 
     looking at very strong rules and regulations.''
       You further stated, ``Vaping has become a very big 
     business, as I understand it--like a giant business in a very 
     short period of time. But we can't allow people to get sick, 
     and we can't have our youth be so affected.''
       During your September Oval Office press conference with the 
     First Lady, you made big promises that you now appear to be 
     breaking. Children and families nationwide are still hoping 
     that you will reverse course and quickly implement an e-
     cigarette flavor ban that protects our next generation from a 
     lifetime of nicotine addiction, illness, and death.
           Sincerely,
                                                Richard J. Durbin,
                                                     U.S. Senator.