Ned Bowman: Florida retailers, consumers need FDA reform

Congress recently held another hearing to discuss the U.S. Food and Drug Administration’s (FDA) role in regulating smoke-free products in the U.S. marketplace.

One of the top concerns expressed by committee members was the ongoing threat to consumers posed by illegal e-cigarette and vaping products. We share this concern.

And the State of Florida does, too.

Led by Gov. Ron DeSantis and Attorney General Ashley Moody, the state isn’t waiting for the feds and is acting now to address the issue.

However, in addition to state action, we are also interested in a federal solution that addresses the root cause. This requires shining light on the failures of the FDA’s Center for Tobacco Products (CTP), specifically the agency’s inability to properly review and authorize smoke-free products in a timely manner.

In the hearing, Congressman Neal Dunn perhaps said it best when he stated, “I’m afraid that the FDA’s response to these illicit vapes has fallen somewhat short, in fact, created a black market for bad actors to dominate and legitimate manufacturers are left behind,” Dunn said during the hearing, adding that Chinese products make up a significant portion of the $7 billion e-cigarette market.

Federally mandated deadlines for reviewing and deciding on new smoke-free products—which should take six months—are frequently missed by the CTP, with some products taking nearly three years to complete. In the absence of a well-regulated market, adults seeking smoke-free options are turning to illegal products that have never submitted an application to the FDA.

Responsible retailers understand that a well-functioning marketplace for Florida businesses and consumers is important, and that is why we are committed to working with state, local, and federal policymakers and regulators to combat the flood of illegal products entering our communities.

Another issue that has recently arisen is youth uptake, which we take very seriously and work hard to prevent. In fact, our retailers’ strong commitment to enforcement, education, and training in the Sunshine State and across the country has helped drive U.S. youth smoking rates to an all-time low.

Hopefully, this latest hearing will spur real reform at the FDA and CTP and clear the backlog that is keeping FDA-authorized products from reaching the market and onto retailers’ shelves.

The good news is public opinion is on the side of getting something done on this issue. A new poll suggests likely Florida voters believe the FDA should be doing more to prioritize smoke-free products. According to the survey, 69% of likely Sunshine State voters agreed that smokers should have access to a wide range of better alternatives to cigarettes, such as e-cigarettes and nicotine pouches, to help them either quit smoking or switch.

Seven out of 10 agree that FDA reform is needed to regulate these products properly.

Retailers cannot fight this alone, and they should not have to accept responsibility for the dysfunctional, paralyzed FDA review and approval process or the agency’s inability to ensure proper market regulation. The FDA must undertake reform to address the root cause of the problem of sending illegal products into our communities.

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Ned Bowman is the Executive Director of the Florida Petroleum Marketers Association.