Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR

Regulations by 2FIRSTS.ai
Jun.13.2024
Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR
US Senators criticize health officials for failing to tackle illegal e-cigarette issue, calling for stricter enforcement in hearing.

According to a report from the Associated Press on June 12th, during a hearing held by the Senate Judiciary Committee in the United States on Wednesday, senators harshly criticized senior officials from the health and law enforcement departments for their failure to effectively combat the problem of illegal e-cigarettes in the United States, in an effort to combat the epidemic of youth e-cigarette use.

Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR
Chairman of the Senate Judiciary Committee and Illinois Democrat Dick Durbin. | Source: Associated Press

 

The hearing will be chaired by Senator Dick Durbin, who has long been opposed to e-cigarette products. During the hearing, Democratic and Republican members of the Senate Judiciary Committee expressed their frustration and anger at officials from the Food and Drug Administration (FDA) and the Department of Justice for their efforts to regulate the vaping industry.

Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR
Translation: FDA Center for Tobacco Products Director Brian King | Image Source: Associated Press

 

Among them, e-cigarette brands like ELFBAR have become the most popular choice among American youth who use e-cigarettes.

Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR
Republican Senator Thom Tillis | Image source: Associated Press

 

Senate Judiciary Committee Chairman and Illinois Democrat Dick Durbin stated,

Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR
Texas Senator John Cornyn | Image source: Associated Press

 

I just don't understand how the FDA and Justice Department allow thousands of products to remain on store shelves, even when manufacturers have not obtained authorization and in some cases have not even submitted applications.

Senate Hearing: US Officials Criticized for Inadequate E-Cigarette Regulation, Including ELFBAR

 

He referenced a photo of a colorful inventory of e-cigarettes, including Dragon Fruit and Watermelon Bubblegum flavors, sold at a store near the FDA headquarters in Silver Spring, Maryland.

 

These illegal products, based on their taste, are clearly designed for children, yet are being sold under the shadow of the FDA building. How can such a thing be allowed to happen?

 

You have completely failed to fulfill your responsibilities.

 

Deputy Bureau Chief Brian King of the FDA Tobacco Products Center told DeBine.

 

Brian King defended this by stating that the FDA has issued warning letters and civil fines to manufacturers and retailers, and has collaborated with other agencies such as consumers and border protection to seize illegal products. In addition, the approval process has slowed down as a result of a backlog of applications for approval submitted by e-cigarette companies, and regulatory agencies have a legal obligation to review these applications.

 

Due to the large quantity of the product, we must take time to conduct a scientific and legal review of 27 million applications.

 

The FDA has approved a few e-cigarettes as alternatives for adult smokers. All other products on the market, including major sellers like Juul, are awaiting review or are considered illegal by regulatory agencies. A industry lobbyist told the committee that the FDA has rejected over 99% of companies' applications, leading to an unsustainable market situation.

 

The FDA and Department of Justice have banned approximately six e-cigarette companies from selling products that appeal to minors, but more manufacturers continue to release new products, particularly disposable e-cigarettes.

 

Assistant Attorney General Arun Rao informed the Senator that regulators at the Department of Justice and other agencies have deemed the issue of e-cigarettes a "top priority" across the entire administration. In response, Senator Durbin stated, "I don't want empty words, I want action.

 

On Monday (10th), the FDA and the Department of Justice announced the establishment of a new task force to combat illegal e-cigarette sales.

 

Republican Senator Thom Tillis referred to the timing of the notice as a "political stunt" and criticized other federal agencies for not participating in the initiative, including Customs and Border Protection.

 

If the time it takes to establish a special working group is not enough to show how seriously FDA is about cracking down on the proliferation of illegal e-cigarettes, then excluding the U.S. Customs and Border Protection from the special working group will further illustrate this point.

 

He urged officials to focus law enforcement efforts on Chinese brands rather than large American manufacturers like Reynolds Tobacco.

 

According to retail sales data analyzed by Goldman Sachs, the two top-selling disposable products - Breeze and ELFBAR, had sales exceeding $500 million last year. Despite both brands being regulated by the FDA, they continue to be widely sold in the market, with some brands even rebranding with new names, logos, and flavors. Last year, over half of the 2.8 million American youth and young adults who use e-cigarettes reported using ELFBAR.

 

Brian Kim pointed out that products like ELFBAR cannot be legally sold in China, as the Chinese government has already banned non-tobacco flavored e-cigarettes.

 

In response, Texas Senator John Cornyn has vowed to introduce legislation to address what he describes as an "outrageous and unacceptable situation.

 

Click on the text or image to read: ELFBAR's new product AF5000 accused of circumventing UK e-cigarette regulations, EU issues "danger warning" to member states.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
Philip Morris International's IQOS has extended its partnership with electronic-music event brand ZAMNA to Spain, setting up a House of IQOS at ZAMNA Madrid. Vogue España and Time Out Madrid subsequently published branded content clearly labeled as collaborations with IQOS. PMI has also expanded its company-owned IQOS boutique network in Spain to seven cities this year. The company says IQOS's adjusted heated-tobacco market share in Europe reached 12.6% in the first quarter of 2026, with Spain among its stronger-performing European markets.
Sep.20
From Product Innovation to Integrated Solutions: NEXTECH Expands Its Global Heated Tobacco Solutions
From Product Innovation to Integrated Solutions: NEXTECH Expands Its Global Heated Tobacco Solutions
NEXTECH launched its NEXE Pro circumferential-heating tobacco stick globally at InterTabac 2026, as the company expands from product innovation into broader heated tobacco solutions. Amid intensifying competition across global HTP markets, NEXTECH is strengthening its R&D, manufacturing and pre-launch support capabilities to serve different types of business customers.
Industry Insight
Sep.15
Why AIRSCREAM Built its European Production Hub for Regulated Market Growth
Why AIRSCREAM Built its European Production Hub for Regulated Market Growth
AIRSCREAM’s production hub in the Czech Republic brings nicotine pouch manufacturing, e-liquid bottling, product documentation, warehousing and international logistics into one operation, giving brands and commercial partners a practical platform from which to launch, expand and enter new markets.
Market
Sep.16 by 2Firsts Perspectives
Inside Nicotine-Pouch M&A Through Imperial's Yoik Deal: Latham, KPMG, PwC, Goldman Sachs and Morgan Stanley Form the Adviser Lineup
Inside Nicotine-Pouch M&A Through Imperial's Yoik Deal: Latham, KPMG, PwC, Goldman Sachs and Morgan Stanley Form the Adviser Lineup
Imperial Brands' acquisition of Swedish Helwit owner Yoik Group AB has highlighted the professional-services firms supporting cross-border oral nicotine M&A. Latham & Watkins and KPMG advised Imperial, while PwC and TM & Partners advised Yoik. KPMG also appeared on Imperial's acquisition of Black Buffalo earlier in 2026, while PwC played an extensive role in KT&G's acquisition of Swedish nicotine-pouch company Another Snus Factory. Imperial's public disclosures put the global modern oral nicotine delivery market at approximately £8.8 billion in retail sales and 23.5 billion pouches in 2024
Sep.20
EU Tobacco Tax Reform Targets November Push as Sweden Holds Nicotine-Pouch Minimum at €20 per Kilogram
EU Tobacco Tax Reform Targets November Push as Sweden Holds Nicotine-Pouch Minimum at €20 per Kilogram
The Irish presidency of the Council of the European Union is using bilateral talks to push the bloc’s Tobacco Taxation Directive toward a political agreement in November. According to Law360, citing an EU official, Sweden is unwilling to accept a minimum excise threshold above €20 per kilogram for nicotine pouches. Council negotiations have already lowered the European Commission’s original proposal, but a May 2026 presidency compromise still set the minimum at 10% of the tax-inclusive retail price or €30 per kilogram in 2028-29, with higher levels later.
Market
Sep.17 by 2Firsts Perspectives
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives