Recently, the American Vaping Manufacturers Association (AVM) sent a letter to the chairman and vice-chairman of the Senate Ethics Committee, alleging that Durbin had pressured the FDA to ban all electronic cigarette products, despite being aware that the agency was legally authorized to review the tobacco applications submitted for each product prior to market approval (PMTA).
AVM cited Senator Durbin's requests in letters, Senate speeches, press releases, and private meetings to ban and restrict e-cigarette products, claiming that it believes the Senator's attempts to "interfere and influence the actions of the executing administrators" go against the Senate's ethical standards for the review process of branch agencies.
In June of this year, the FDA issued an Emergency Marketing Order (MDO) to manufacturer Juul Labs after Senator Durbin repeatedly pressured FDA Commissioner Robert Califf to take action against the company. The agency's initial denial of reasons for the order quickly became invalid, and the embarrassed regulatory agency quickly made a concession and issued a suspension order.
Senator Durbin's arrogant bullying has now become a serious threat to public health, says Amanda Wheeler, President of AVM, in a press release. "At a time where trust in public health authorities is already wavering, Durbin's shameful campaign to hijack federal policy on this critical health issue must come to an immediate end.
This letter to the Senate committee marks the second time this year that AVM has requested an investigation into corrupt practices in the FDA's pre-market review process. In July, the trade organization called on the Office of Inspector General at the Department of Health and Human Services (HHS) to investigate whether "unwarranted political pressure" from Senator Durbin and anti-vaping groups had affected the FDA's scientific procedures.
The Ethics Committee is investigating allegations of improper behavior by senators in Congress, though it rarely takes action to censure or punish lawmakers. The government watchdog group Issue One has described the committee as "an embodiment of a black hole, lacking a strong public record of the ethical culture in its meeting chambers to ensure its oversight.
It is highly unlikely that the committee will take action against DeBenn, as the majority whip of the Democratic-led institution ranks second among Democrats. Even if Republicans take over the Senate next year, the Ethics Committee is unlikely to conduct a serious investigation into DeBenn or cite his improper behavior.
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