Durbin, a long standing opponent of vaping, revealed the move in a news statement on March 7. Sens. Ron Wyden (OR), Sherrod Brown (OH), Bernie Sanders (VT), and Richard Blumenthal (CT) are the other signatories.
Retailers such as 7-Eleven, Circle K, Wawa, and Pilot are among the recipients of the letters. The senators want to put pressure on merchants to remove popular disposable vaporizers from their shelves and only provide the six vaping devices that the FDA has approved, along with their refills that taste like tobacco.
For the stores, selling just approved vapes would be like playing with fire. Together, those six vaping devices and their refills (all made by large tobacco company subsidiaries) make up less than five percent of the vaping market at convenience stores.
"The senators join an odd alliance of interests at war on disposable vapes which involves the Campaign for Tobacco-Free Kids and Marlboro producer Altria Group."
The letters state, "We write to specifically highlight obvious widespread violations of federal law prohibiting the marketing and sale of unauthorized tobacco products at convenience stores, gas stations, and other commercial locations across the nation. We also write to draw your attention to seller and retailer duties under the Family Smoking Prevention and Tobacco Control Act."
As per the legislation, no tobacco product, which includes electronic nicotine delivery systems like e-cigarettes or vaping devices, can lawfully be sold without first obtaining approval from the Food and Drug Administration (FDA) stating that the product is 'appropriate for the protection of public health.'
The senators fail to mention that the FDA is still reviewing hundreds of goods that are not on the approved list and that some products have been granted stays in federal courts, shielding them from FDA action. Many of the legal challenges to the FDA's marketing denial orders (MDOs) by dozens of vape manufacturers are still unresolved.
The senators join the Campaign for Tobacco-Free Kids and the makers of Marlboro, Altria Group, in an odd coalition against disposable vaporizers. In the United States, the FDA, tobacco control groups, big tobacco businesses, and state lawmakers working on behalf of tobacco firms are all against disposables, in addition to politicians who are desperate for attention.
2020 saw the rise in popularity of disposable vapes after the FDA's regulation of flavored pod vapes as a top priority. Since then, the market for flavored disposable vapes has expanded quickly, endangering the sales of well-known tobacco-owned vape brands like Vuse and NJOY. It is now even posing a threat to cigarette sales, which are the tobacco industry's mainstay.
