U.S. Rep. Diana DeGette plans to introduce legislation Tuesday that would ban the manufacture and sale of fruity flavors of electronic cigarettes unless e-cigarette companies can prove their products help adults quit smoking while not increasing nicotine use among kids.
“There is no legitimate reason for any company to sell products with monikers like ‘gummy bear,’ ‘cotton candy’ and ‘tutti frutti.’ That is only going to appeal to children,” the Denver Democrat told reporters at a press conference at Children’s Hospital Colorado on Monday morning.
Under the DeGette bill, e-cigarette manufacturers would have one year to prove to the Food and Drug Administration that their products ultimately improve public health. If the FDA determines they have not done so, then kid-friendly flavors of e-cigarettes would be banned.
“I don’t think they can prove that, but I think we should give them due process,” the congresswoman told reporters.
DeGette chairs an oversight and investigations subcommittee on issues of energy and commerce. She expects to hold a hearing on e-cigarettes – also known as vaping – and believes her bill can pass the House. It has “some real potential” in the Senate as well, she said.
“The (Trump) administration — in particular Dr. Gottlieb — is very, very concerned about the impact this vaping is having on children,” DeGette said, referring to Scott Gottlieb, the FDA commissioner and an outspoken critic of the vaping industry.
Vaping use is high among Colorado high school students – the highest in the country and twice the national average, by some counts. But supporters of e-cigarettes say their fruity flavors provide a tasty alternative to cigarettes for adults who are trying to quit smoking.
“Rep. DeGette’s bill would constitute a de facto ban on over 95 percent of vaping products available on the market today,” said Gregory Conley, president of the American Vaping Association. He accused DeGette of having “little regard for the adult smokers and small business owners she represents.”
Conley said statistics showing Colorado has the highest youth vaping rate include marijuana vaping, something few states allow. DeGette’s bill would not affect marijuana vaping.
“Our industry will aggressively oppose efforts to ban these life-changing products,” said Tony Abboud, executive director of Vapor Technology Association, an e-cigarette industry group. “We will continue to work with legislators and regulators on common sense regulation that protects the off-ramp for adult smokers these products provide.”
Vaping critics say those same flavors that help adults quit smoking also entice teenagers and children, hooking them on nicotine early in life. The result is a net negative for society, they say.
“In the halls at school, I hear people talk about their favorite vape flavors. I’ve heard mint and cucumber thrown around the hallways,” Emery McDowell, a 14-year-old freshman at Grandview High School in Aurora, said during Monday’s press conference.
“It’s important that we get rid of the flavors in tobacco,” she added. “Flavors like cotton candy don’t send a message that these products are dangerous and addictive. Flavors like cotton candy aren’t meant for adults. They’re designed for us, teens.”
