88(3) SR 79 - Introduced version - Bill Text

	88S31264 BPG-D
	By:  LaMantia	S.R.  No.  79

	R E S O L U T I O N
	WHEREAS, In January 2020, the Food and Drug Administration
	issued industry guidance outlining its enforcement priorities
	regarding e-cigarettes, vapes, and other electronic nicotine
	delivery system products; and
	WHEREAS, This guidance emphasized the agency's focus on
	enforcing regulations against all flavored, cartridge-based ENDS
	products, but it unintentionally created a loophole, exempting all
	disposable vaping products from enforcement for nearly three years;
	and
	WHEREAS, Since January 2020, a significant influx of illicit
	disposable vaping products has entered the United States; these
	originate primarily in China and mostly feature flavors designed to
	appeal to children; and
	WHEREAS, According to the Centers for Disease Control and
	Prevention's National Youth Tobacco Survey, youth consumption of
	disposable vaping products has surged by an alarming 2,188 percent
	since 2019; a substantial majority of disposable vaping products
	introduced to the market have either entered after the FDA's
	regulatory submission cutoff date of August 8, 2016, or have failed
	to comply with the FDA's regulatory pathways designed to ensure
	that products available in stores promote public health and safety;
	the urgency of this matter is reinforced by the fact that, in 2021,
	46 percent of high school e-cigarette users vaped at least 20 days a
	month, and over 30 percent reported vaping every day; and
	WHEREAS, The continued rise in youth vaping is a serious
	public health concern that demands immediate attention and action;
	much-needed measures include the publication of a directory of
	disposable vapor products that can be sold subject to FDA
	enforcement discretion, allowing retailers to remove all illegal
	disposable vapor products from shelves, as well as the allocation
	of resources for federal enforcement across all jurisdictions and
	at all ports and border control points of entry; now, therefore, be
	it
	RESOLVED, That the Senate of the 88th Texas Legislature, 3rd
	Called Session, hereby urge the Food and Drug Administration to
	provide clear enforcement guidance regarding the distribution and
	sales of disposable vapor products; and, be it further
	RESOLVED, That the Secretary of the Senate forward official
	copies of this resolution to the President of the United States, to
	the Speaker of the House of Representatives and the President of the
	Senate of the United States Congress, to the Commissioner of the
	FDA, and to all the members of the Texas delegation to Congress with
	the request that this resolution be officially entered in the
	Congressional Record as a memorial to the Congress of the United
	States of America.