Newsom, Biden ignore glaring issue of illicit Chinese vapes, and kids are the losers | Opinion

Gov. Gavin Newsom’s recent trip to China and President Joe Biden’s meeting with Chinese President Xi Jinping in San Francisco allowed a glaring issue to remain unaddressed — the pervasive presence of illegal Chinese-manufactured flavored vape products in California and throughout the country.

While the Biden administration rightly pushed China to reduce the flow of fentanyl, given that many of the chemicals used to make fentanyl come from China, he missed the opportunity to also call out the mass production of the illegal flavored vapes that are now flooding the U.S. market.

Despite an existing statewide flavor ban on all tobacco products and federal regulations prohibiting these products, flavored disposable vapes persistently find their way into the US and, most troubling, into the hands of kids.

California’s decision to move forward with a flavor ban in the face of warnings predicting a surge in the illicit market has had predictable consequences. Legitimate retail channels have steered clear of these products, but an underground network of shops now fills the void.

This has led to the widespread use of illegal products that are unregulated and has cost the state more than $300 million in lost tax revenue the first year of its outright flavor ban.

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Even worse, CDC’s latest National Youth Tobacco Survey shows that illegal disposable flavored vaping brands are still popular with middle and high school students. Shockingly, the Food and Drug Administration, which regulates vaping products, has been ineffective and made little progress in curbing this trend, even though previous surveys have highlighted the issue.

Three of the five most popular e-vapor brands that kids say they use most often are not only illegal disposables, but have previously been told by the FDA they can’t be sold in the United States.

The surge in Chinese-manufactured products flooding the U.S. market, rising from 356 to over 5,800 since early 2020, underscores the scope of the problem. It is troubling that these products are made in sweet and kid-friendly flavors like cotton candy and dragon berry, and are aimed solely for the US market — the Chinese government bans the sale of any flavored vape products in China.

And once these products hit the market, there is no guarantee that bad actors in the retail space who are clearly selling illegal products are making sure purchasers are 21, the legal age to purchase vapor products.

The heart of the problem lies in the inadequate enforcement mechanisms in place. Despite repeated warnings that bad actors would evade California’s flavor ban law, little enforcement mechanisms were enacted when the law passed.

The burden of implementation has fallen on local law enforcement, a costly solution that detracts from other critical law enforcement duties.

At the federal level, the FDA has primarily sent warning letters to retailers telling them not to sell the product. These warning letters lack teeth and often go ignored. The FDA can and should take more serious action, like going after the manufacturers of these products or putting in place a robust plan to stop these products at the border. To date, the agency hasn’t, and it’s anyone’s guess as to why.

The illicit vape crisis in California, and across the nation, is a grave concern that demands immediate attention. The ease with which these dangerous products infiltrate our state underscores the need for comprehensive enforcement measures and cooperation between state and federal authorities.

Newsom’s visit to China and Biden’s meeting with Chinese President Xi Jinping offered opportunities to hold China accountable for allowing these products to reach our schools and garner support for a united front against the illicit vape industry.

Unfortunately this issue is being overlooked on both the federal and state level, to the detriment of communities across the state.