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Heinrich Urges FDA to Take Action Against Illicit Vaping Products at Trade Shows

Washington, D.C. — U.S. Senator Martin Heinrich (D-N.M.), along with U.S. Senators Ted Budd (R-N.C.) and Thom Tillis (R-N.C.) sent a letter to Food and Drug Administration Commissioner Robert Califf regarding the continued presence of unauthorized electronic nicotine delivery systems and illicit vaping products among vendors at large trade shows nationwide.

“We remain concerned about the continued presence of unauthorized electronic nicotine delivery systems (ENDS) and illicit vaping products among vendors at large trade shows across the country. Vendors display and sell illicit products in the presence of Food and Drug Administration (FDA) personnel despite their lack of market authorization,” the senators wrote.

These concerns were brought to the FDA’s attention on January 25, 2024 and again on June 6, 2024, but the FDA did not provide a satisfactory, substantive response. Meanwhile, manufacturers, mostly from China, continue to pour their illicit vapes into the United States with few, if any, consequences. 

“For this reason, we urge you to utilize enforcement actions against illicit products at 2025 trade shows, namely events hosted by the Total Products Expo (TPE) and the Alternative Products Expo (APE), across the country at locations in Florida, Nevada, Tennessee, and Texas,” the senators continued.

“If illicit products are displayed in the presence of FDA personnel, they must enforce the law,” the senators stated.

The full text of the letter is here

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