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.