Tony Abboud, executive director of the Vapor Technology Association, expressed strong disagreement with the FDA’s Center for Tobacco Products' rulings against e-cigarettes in favor of traditional tobacco products. Abboud made this statement publicly on September 10.
"Enough is enough: The U.S. Food and Drug Administration's Center for Tobacco Products created a flawed and broken PMTA process," said Abboud. "Today's hearing revealed that under CTP Director Brian King's leadership, CTP continues to approve “unsafe” cigarettes while systematically denying millions of e-cigarettes at an absurd 91:1 ratio. Director King's statement that there is “no safe harbor” for companies with pending applications clearly demonstrates that CTP continues to move the scientific goalpost and is not truly committed to harm reduction for Americans who smoke. Cigarette smoking continues to be the leading cause of preventable death and disease in the U.S., yet Director King calls for more money to remove less harmful products from the market."
On September 10, the U.S. House Subcommittee on Health held a legislative hearing titled "Evaluating FDA Human Foods and Tobacco Programs," during which Brian King, director of the Center for Tobacco Products (CTP), provided testimony. King discussed the stringent criteria the FDA employs in approving new tobacco products, stating that only 34 e-cigarette products and devices have been authorized for legal use. He said, "These products were authorized because the applicant submitted data that demonstrated that the marketing of the products met the applicable public health standard required by law." King also noted that his department had filed its first civil money penalty complaints against e-cigarette manufacturers within the last two years.
The FDA, through its Center for Tobacco Products, regulates the manufacture, marketing, distribution, and sale of tobacco products. This responsibility was established by the Family Smoking Prevention and Tobacco Control Act of 2009. Initially overseeing cigarettes and smokeless tobacco, among other similar products, the FDA expanded its authority in 2016 through the "deeming rule" to include electronic nicotine delivery systems (ENDS) like e-cigarettes. In 2022, the definition of tobacco products was broadened to include nicotine from any source. To legally market a new tobacco product, manufacturers must obtain a premarket tobacco application from the FDA or prove that a new product is substantially equivalent to an existing one.
In his statement, Abboud further emphasized that "The CTP must acknowledge the undisputed smoking cessation benefits of e-cigarettes, authorize a diverse marketplace of flavored nicotine alternatives to cigarettes, and stop approving new cigarettes."
According to data from the Centers for Disease Control and Prevention (CDC), e-cigarettes generally contain fewer chemicals than traditional cigarettes' 7,000 chemicals. The CDC suggests they could serve as a healthier substitute for cigarettes but cautions that e-cigarettes still contain potentially harmful chemicals and should not be used by youth, young adults, or pregnant individuals. The long-term health effects of e-cigarettes remain relatively unknown.
According to its website, Abboud is a government relations expert and litigator with 25 years of experience who has spent the last decade working with the e-cigarette industry. The Vapor Technology Association was founded in 2015 by vape companies to "create a clear voice for thoughtful regulation in Washington D.C." for their products.