September 13, 2018
AEMSA Issues the Following Statement in Response to FDA’s Enforcement Action Announced September 12, 2018:
AEMSA supports a zero-tolerance policy for selling electronic nicotine vapor products to anyone under the age of 18. No exceptions. In light of AEMSA’s zero-tolerance policy regarding sales to minors, we applaud any FDA enforcement action regarding violations of the ban on sales to minors.
That said, AEMSA is very concerned with certain statements made by FDA in its announcement yesterday, and the widespread reporting that there is an “epidemic” of teenage vaping. Specifically, AEMSA is extremely troubled by the FDA statement: “But in enabling a path for e-cigarettes to offer a potentially lower risk alternative for adult smokers, we won’t allow the current trends in youth access and use to continue, even if it means putting limits in place that reduce adult uptake of these products.” Despite these claims regarding current trends in youth access, FDA released no statistics to back their claims.
In 1957, the Supreme Court in Butler v. Michigan, 352 U.S. 380, unanimously held that a Michigan law violated the due-process clause of the 14th Amendment in making it illegal to make available to the general public printed material thought to be obscene because of its potentially harmful influence on youths. Justice Felix Frankfurter writing for the Court found it disturbing that in trying to protect children, the Michigan law limited grown men and women from accessing materials that may be appropriate for them. This would result, Justice Frankfurter wrote, in the adult population of Michigan only reading material fit for children!
Stating that FDA would consider putting limits in place to reduce adult uptake of vapor products is tantamount to saying adults may as well just keep on smoking deadly combustible cigarettes. This is irresponsible and unacceptable.
The overall use of teens using any tobacco products is it at an all-time low. And that includes electronic vapor products which are erroneously, in AEMSA’s opinion, categorized as “tobacco products”. This is the opposite of an epidemic. The trends for overall teen use, again, are dramatically shifting for the better. So, any reports or claims that there is an “epidemic” are simply false and are made by interests with a long history of categorical opposition to all vaping.
AEMSA believes strongly that with proper regulation and enforcement, adult access to electronic vapor products as an alternative to deadly combustible cigarettes can and must remain readily available. There are a variety of practices and barriers to prevent youth access to electronic vapor products. All of them must be vigorously employed. Youth experimentation with vapor products is a problem with a solution. AEMSA and its members are committed to promoting solutions. Our organization formed in 2011 to voluntarily self-regulate the manufacturing of e-liquids in electronic vapor products. Our very foundation in forming was to ensure responsible industry behavior. AEMSA remains committed to this fundamental principle.