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R E S O L U T I O N
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WHEREAS, In January 2020, the Food and Drug Administration |
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issued industry guidance outlining its enforcement priorities |
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regarding e-cigarettes, vapes, and other electronic nicotine |
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delivery system products; and |
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WHEREAS, This guidance emphasized the agency's focus on |
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enforcing regulations against all flavored, cartridge-based ENDS |
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products, but it unintentionally created a loophole, exempting all |
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disposable vaping products from enforcement for nearly three years; |
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and |
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WHEREAS, Since January 2020, a significant influx of illicit |
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disposable vaping products has entered the United States; these |
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originate primarily in China and mostly feature flavors designed to |
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appeal to children; and |
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WHEREAS, According to the Centers for Disease Control and |
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Prevention's National Youth Tobacco Survey, youth consumption of |
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disposable vaping products has surged by an alarming 2,188 percent |
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since 2019; a substantial majority of disposable vaping products |
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introduced to the market have either entered after the FDA's |
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regulatory submission cutoff date of August 8, 2016, or have failed |
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to comply with the FDA's regulatory pathways designed to ensure |
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that products available in stores promote public health and safety; |
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the urgency of this matter is reinforced by the fact that, in 2021, |
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46 percent of high school e-cigarette users vaped at least 20 days a |
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month, and over 30 percent reported vaping every day; and |
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WHEREAS, The continued rise in youth vaping is a serious |
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public health concern that demands immediate attention and action; |
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much-needed measures include the publication of a directory of |
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disposable vapor products that can be sold subject to FDA |
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enforcement discretion, allowing retailers to remove all illegal |
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disposable vapor products from shelves, as well as the allocation |
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of resources for federal enforcement across all jurisdictions and |
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at all ports and border control points of entry; now, therefore, be |
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it |
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RESOLVED, That the Senate of the 88th Texas Legislature, 3rd |
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Called Session, hereby urge the Food and Drug Administration to |
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provide clear enforcement guidance regarding the distribution and |
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sales of disposable vapor products; and, be it further |
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RESOLVED, That the Secretary of the Senate forward official |
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copies of this resolution to the President of the United States, to |
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the Speaker of the House of Representatives and the President of the |
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Senate of the United States Congress, to the Commissioner of the |
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FDA, and to all the members of the Texas delegation to Congress with |
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the request that this resolution be officially entered in the |
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Congressional Record as a memorial to the Congress of the United |
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States of America. |