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tv   Hearing on E- Cigarettes Public Health  CSPAN  February 8, 2020 5:29am-8:01am EST

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executives from e-cigarette companies testified on what
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their companies are doing to address the youth vaping epidemic. the subcommittee on oversight investigations will not come to order. >> the subcommittee on oversight investigations is holding a hearing entitled vaping in america. the perfect purpose of today's hearing is to examine the role of manufacturers in the marketing and use of e-cigarettes in the united states, as well as the associated public health implications. the chair now recognizes herself for the purposes of an opening statement. today, we are here again to continue our examination of a growing public health crisis, the soaring use of e-cigarettes by young people. simply put, our nation faces a youth vaping epidemic. in september, this panel heard from federal and state health officials about the skyrocketing use of e-cigarettes throughout the united states. last year, more
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than 5 million young people reported using e-cigarettes, up from 3. 6 million who reported using them the year before. just the other day, i met with a group of high school students in denver at my alma mater, south high school. while the most recent national survey found that one in four high school students are currently vaping, when i told this to the students, they all shook their heads and said they believed the actual rate is much, much higher. the vast majority of e-cigarettes my state of colorado we have the highest rate of kings vaping than anywhere. according to the center for
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disease goal and in prevention these pose danger particularly to young people. the vast majority of e-cigarettes contain nick arena which contain nicotine, which according to the nih can be as addictive as heroin or cocaine, a fact which anecdotally was cemented by the high school students i actually talked to the other day. nicotine can harm brain development, respiratory health, and lead to heart disease. use of these e-cigarettes is more likely to be using combustible cigarettes, a fact confirmed to me by the high school students. e-cigarette manufacturers have been negligent at best or intentional at worst in attracting young people to their products. flavor options, concealable designs, highly addictive nicotine levels, and slick marketing campaigns have been used to get young people to use e-cigarettes. parents have been left scrambling to
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address this epidemic. no one fully understands the health impact of e-cigarettes. what is worse is many of the young people actually believe that these products are also confirmed to be by the south iraq with i was talking to. and you know what? this simply is not true. the cdc has stated that all products carry health risks. the only reason these are available on the market today is because the food and drug administration gave them a temporary pass by refusing to exercise its enforcement discretion. no e-cigarette currently being sold in the united states has been reviewed by the fda for its impact on public health. instead, the e-cigarette industry has essentially been allowed to conduct a public health
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experiment in real time without knowing what the consequences of these products may be, and our young people are paying the price. so this is why congress decided to act. in december my colleagues took an important first step to raise the nationwide minimum age to buy any tobacco product. clearly more needs to be done, such as advancing legislation that chairman pallone and i and others have introduced to tackle this public health. the we recently caved to the industry caved recently to the industry. the final policy issued in january includes exemptions and loopholes. not only are menthol flavored e-cigarettes allowed under the fda guidelines, so are the fruity and sweet flavored he liquids and disposable e-cigarette products. in fact, there are reports that the shift is already happening.
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kids told me that it is harder for them to get e-cigarettes at the gas station. good news. bad news is people are just going to these vape shops to get these products. it is important to note that the cdc cautions that the health benefit would only apply if the smoker were able to quit completely. now the question is for every adult smoker who may quit smoking because they are using an
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e-cigarette, how many young people will start using those e-cigarettes aqnd develop a life-long nicotine addiction. we need to make sure we are not solving one health problem by having another. i'm glad you gentlemen are here because the industry caused this mess and the industry needs to be responsible for cleaning it up. today, we are going to hear from the companies responsible for these products. i do appreciate you coming. i really do want you to be part of the solution. we are going to have a lot of questions. we are looking forward to this hearing. i'm happy to give you another minute for your opening statement. i'm pleased to recognize the ranking member for six minutes. >> >> thank
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you, chair. i appreciate the opportunity to be here. i share your concerns about youth vaping trends that have emerged in recent years it is an epidemic. it threatens decades of progress and to ensuring that fewer young people use tobacco. the most recent data shows that 27 percent reported using e-cigarettes compared with 20. 8% in 2018. the market has increased. the marketing must stop and it must be prevented. this would require
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an all hands on deck approach by all parties we have already made strides since the hearing in september. congress passed and president trump signed into law. including e-cigarettes from 18 to 21. the fda issued guidance finalizing the enforcement policy regarding unauthorized flavored cartridge based e-cigarettes, including two children. companies must cease manufacturing of unauthorized flavored e-cigarettes other than tobacco or menthol or risk fda enforcement action. this gives the fda pivoting the enforcement qualities as needed. i look forward to hear whether this enforcement guidance will target youth access or if there are other more effective steps the fda can take alone or in conjunction with the industry.
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according to the fda new guidelines, they must submit premarket tobacco product applications through fda. through their applications, manufacturers or importers must demonstrate to the fda among other things that marketing of new tobacco products would be for the protection of public health. the fda must consider the risks and benefits of the products to the population as a whole, including users and nonusers of tobacco products. any products for which an application is not submitted must be pulled from the market. these legal and regulatory developments would drastically
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change e-cigarette landscape in the coming months and year. while these are reduced aimed at reducing the usage and broader public health, the legitimate marketplace will almost certainly shift product use for existing users to other products that are still available. we must be vigilant in responding to this potential shift in utilization, which could shift the market to black-market products. we must ensure that our effort to protect the youth do not create a bigger more critical problem. i continue to be concerned about the lung injury outbreak consistent with vaping use. it is my understanding that e-cigarette manufacturers have taken or continue to ache their own actions to event youth access to their products. and force us to learn more about what these manufacturers are doing. before i conclude, i would taken in continue detail
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and prevent access, this hearing can serve as a constructive discussion, for us to learn more about what these maxi factors are doing to prevent youth utilization of the cigarettes. before i conclude, i would like to make a quick comment and recognize the subsidiary reynolds that is located in my district, kentucky owns this with a group of visionary local entrepreneurs who wanted to find ways to use the backup plan that is constructive to public health and in doing so they found that it was a host for growing vaccines for the ababa population, it was used an emergency situations, and it is now working to address
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potential vaccines with the coronavirus, i am glad that katie p is working on alternative uses for tobacco in order to better americas public house, i think our witnesses for being here today, being part of a simpler discussion, i yield back. >> thank you gentlemen. >> the chair recognizes the full committee for five. minutes thank you madam chair i am pleased we are holding this hearing so we can share more light on the use of tobacco and the epidemic and how we got here. the significant progress that was made to curve tobacco uses simply vanished, last year 6.2 million middle school and high school students used tobacco products, including one and eight middle school students, and these are shocking and concerning numbers, today we are here to not only ask how this happened but what is going to be done to reverse these dangerous new trends in tobacco use. well federal regulators sharon
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this blame, a lodge portion of culpability rests with the manufacturers of e-cigarette products and these manufacturers on opportunity to hook a new generation on their products and used every trick in the book to make their products appeal to kids too sweet flavors, glossy marketing campaigns and slick product assigns. it is long past time that the food and drug administration move forward with reviewing the health and safety risks of the e-cigarette products that are currently on the brought market. then the fda must work swiftly to remove any products are noncompliance. and manufacturers those a we in force today to acknowledge responsibility they have to ensure young people are protecting from a lifetime of nicotine addiction. we do not know all the long term health implications of e-cigarette use but we do know that nicotine harms the developing brain and that young people who use e-cigarettes are more likely to try combustible cigarettes as well. that is why i am so
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disappointed that president trump decided to side with industry over the nation's public health by allowing flavored vaping, and vape shops, the president's announcement last month falls short short of the promises he made to address the tobacco epidemic, we should not be fooled at the so called flavor ban is not of labor bennett. all of that is also why it is critical we continue to move forward legislatively with a solution since the trump administration will not. i look forward to bringing my bill to reverse the youth tobacco epidemic act to the floor soon, my legislation not only includes the full flavor banded also bans face to face sales and protects kids from predatory marketing, it's a comprehensive approach to end this epidemic and i hope that he garners the bipartisan support that it deserves when it comes to the floor. in the meantime i want to hear
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more from the manufacturers and what role they believe their companies have played in the creation of this epidemic and what they are doing to corrected. it is chilling to sit and watch as we are seeing history repeat itself, we have been here before as the tobacco industry admitted to misleading millions of users on the safety of tobacco products and we can't sit idly by as it happens again. for that reason i hope the witnesses today are forthcoming and acknowledge the role that they must play in reversing these dangerous and disturbing trends. i just wanted to say, a few years ago i started going around to some of my middle schools and talking to the students, i was amazed at how they didn't think that there was any harmful aspect of e-cigarettes, they didn't contain any nicotine, cause any addiction, that they actually were just bumble gum or cotton candy and that was it, it's the misleading marketing in my
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opinion that has caused this epidemic and maybe young people feel that there was absolutely no problem with vaping, that is why all the gains that we made from trying to discourage tobacco use cigarettes, putting the warnings, all that has evaporated now because we have this young generation that until recently just thought it was not a problem and i am pleased to see that we have some younger people here in the audience today speaking out against this, not here necessarily but outside and getting the public in the media more aware, thank you madam chair. thanks the gentleman chair, now yielding five minutes, to mr. walden. >> thank you very much madam chair, and mister chairman i'm glad these young people are, year when i was student by president, that was a long time ago, i lead the effort before the school board to get smoking out of the bathrooms, it wasn't
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legal there but we are actually created a smoking area outside which was revolutionary and that got permission and all, that i hated smoking, as you and my family that didn't smoke and my we have come along, way so stay involved in all of this and so i curious, to i will go over to coronavirus briefing for house in a few minutes, i hope we can find out more about the work that is being done, because vaccines and getting to them quicker something that we've all been working towards for a long time. so thank you for holding this hearing. cigarettes, and e-cigarettes, long cancer is associated with vaping, these are major health concerns for the united states, and particularly and sadly in my home state of oregon which unfortunately is one of the 27 states where there was a confirmed death for e-cigarette and vaping products to use associated with long indoors injury and subcommittees here in september with federal hate officials we have learned more
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about what causes these tragic long illnesses, center for disease control shows that vitamin-y acetate and additive in some thc containing vape products is strongly linked to the -- outbreak. while there is still more to learn about the in valley and we must remain vigilant eight but equally troubling, e-cigarettes among use, and the most recent data from the tobacco's data, 27 perhaps present reported using e-cigarettes in 2019 that compares to the 20% in 2018, to 11.3 just three years ago, so the manufacturers and states all of you before us today and our right to look for solutions to curb, stop youth access to
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e-cigarettes, i applaud the trump administration's decision to address this. trump raised the legal age from 18 to 20, one and additionally the u.s. food and drug administration, fda admission guidance finalizing its enforcement policy regarding non authorized flavor cartridge based e-cigarettes that appeal to children including fruit and then in addition to these two changes that the main deadline for manufacturers to submit lee pre-market applications that they are quickly approaching that will sit swift shifts the landscape now these are all promising steps and we remain concerned about the counterfeit black market products that karoun e-cigarette using increasingly turn to win products they are currently using will no longer be available and in the legal and legitimate marketplace also concerned about the potential shifts usage to non cartridge base e-cigarettes and i'm
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interested to hear from the companies today their thoughts on how we can prevent this from occurring and i'd also like to turn out the irony of the health subcommittee of this full committee holding a hearing just two weeks ago that included bills to descheduling decriminalized marijuana and much of which is smoke, followed by this hearing where my colleagues are now denouncing smoking tobacco in all forms. while i have concerns about the academic of youth tobacco usage i believe that concern should extend to expand it youth access to marijuana and marijuana related products especially considering the death in oregon was likely related to a thc vape pod purchased at a dispensary. and not denouncing smoking tobacco uniforms while embracing the descheduling or legalization of marijuana is that best inconsistent when considering long term outcomes in the lack of research data in addition to the committees long-term work, i hope you will invite the fda to testify once the pm tea deadline passes in
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may. i think we can really benefit, excellent. what we heard from the ftc in december, it's critical from us all to hear from the fda. as the issue the fda begins to evaluate manufactures we have to guess. we also need to fully investigate to count to cut that black market products that are likely to feel the void to the projects that are expected to exit the market. weather from the january guidance or from gia manufacturers who do not file the fda's under recording the remove the products from the market. we want to ensure the fda stands ready to address these issues as they arise to protect e-cigarette users but most importantly i use. so i want to thank you the companies coming before us to a and madame chair i appreciate you holding the hearing. and i will go over the coronavirus and i yield back. >> and i just want to say i don't think there's anybody on this committee that the that marijuana should be legalized for people under 21. and in addition, i think
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everybody will on this committee will agree that we need to continue to do that research on that to. it has been woefully inadequate research >>. i fully agree. >> and i plan to have a hearing on that. >> excellent. thank you madam chair. >> the chairman will now ask anonymous consent that the remembers written opening steak statements be made part of the record. without objection so ordered. the chairman would also like to welcome representative so later for joining us at the hearing today. representative chile is not on this committee so under rule 11 off the house of representatives members delegates and residents can participated committee hearings. but they are not able to question mid misses. but what i think we can all stipulate that she has more institutional knowledge about health care policies and anyone in this congress. so what we are really happy to have you join us. i would not like to introduce our witnesses from today's
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hearing. mr. casey crossed weight, ceo of juul, rollicking. mr. carles charleston or former land, welcome. mr. ryan if a cough, ceo of enjoy llc. mr. antwan blond, who is president of fought to u.s., welcome. mr. jerry lofting, who is the president of logic technology development llc, welcome to you to, mister left. and thanks to all of our witnesses for appearing today before the subcommittee. you are aware that the committee is holding an investigative hearing and when doing so has the practice of taking as to more testimony under oath. does anyone have objection to testimony under oath today? let the record reflect that the witnesses have responded no. the chairs and advisers you that under the rules of the house and the rules of the committee you are entitled to be accompanied by counsel. does anyone desire to be
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accompanied by counsel today? let the record reflect again that the witnesses have responded no. if you would then, please rise and raise your right hand so you may be sworn in. do you swear the testimony that you are about to give is the truth the, whole truth, and nothing but the truth? you may be seated. let the record reflect the witnesses have responded affirmatively and all of you are now under oath and subject to the penalties set forth in title 18, section 1:01 of the u.s. code. the chair will now recognize our witnesses for a five minute summary of their written statements. and from each in front of each of you there is a microphone a timer and a series of like. the timer will count down your time and the red light will turn on when your five minutes have come to an end. and so now, mr. crosthwaite,
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i'm delighted to recognize you for five minutes, please. >> (inaudible) our (inaudible) our >> mr. overland or, see if your microphone works. >> oh. >> okay, can you pass that over to mr. crosthwaite? >> think you so much.
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our >> chair to get out, tier ranking members and other distinguished members. my name is crosthwaite and i'm juicy overall labs, opposition i joined runner john the company for months ago. a jewel levs our thousand employees are committed to help adult smokers transmission away from combustibles cigarettes while combatting the serious problem of underage use as we look at the vapor category it is helpful to begin by noting the significant changes that have taken place in a relatively short period of time at the start of 2019 most americans lived in states where the legal each of purchased was just 18 vapor products were available in a wide array of flavors. there was low awareness of
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black market if he protects and the deadline for submissions to the fda was uncertain. in contrast, today, 21 plus is the law of the land. thanks to many of you on this committee. under fda guidance, (inaudible) based products are only available in tobacco and mental. congress, the fda, and the president have raised the alarm on black market products. and the pm g8 deadline of may 2020 is rapidly approaching. at juul labs, we recognize the importance of these steps over the past two years, trust in our company and category has eroded. we know some of our past actions have contributed to that erosion and we are committed to take concrete action to return that trust. we halted our broadcast, print, and digital product
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advertising. we voluntarily restricted the sale of flavored other than tobacco and mental. and we restructured our company to focus on developing technologies to combat underage use and to conduct research in support of our pm to be a submission. clearly, we still have a long way to go. underage use rates remain unacceptably high. but we believe that this challenge can and must be met. it threatens the entire home rejection opportunity represented by vapor products. and that opportunity is too important to lose. combustible sechrest remain the leading cause of preventable death in our country and worldwide. more than 34 million americans still smoke. each year, nearly half 1 million americans die from smoking related diseases. to be clear, anyone who doesn't use nicotine shouldn't start.
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anyone who smokes should quit. for those who cannot or will not quit, less harmful alternatives like vapor products should be available. public health authorities agree that is not the nicotine but the burning of tobacco and smoke that causes disease and death. as the fda noted in 2017, in quote, nicotine, while highly addictive, is delivered through products that represent the continuum of risk. and it is most harmful windows of it to smoke particles incombustible cigarettes, and a quote. at the same time, the fda stated its intent to encourage innovation that could provide adult smokers a less harmful way to consume nicotine. jewel products are one example of this type of innovation. our products are not risk cree. but research indicates that a vapor products are
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substantially lower the risk than cigarettes. research also indicates that many, if not most adult smokers, try juul products are able to successfully transition completely off of cigarettes. we will pmt a process. that process which we support is a science and evidence-based review that will evaluate the harm reduction potential of our products along with the ability to prevent usage. if authorized by the fda our products will be marketed under strict oversight subject to the comprehensive regulatory powers vested in the agency by congress. chair, ranking member, my company is working hard to listen to our stakeholders so together we can make progress towards the twin goals of helping more adult switch away from cigarettes while combating underage use. my hope is that today's panel could be another step along that path and i thank you for the opportunity and look forward to
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answering your questions. >> thank you so much with the chair not recognizes mr. oberlander for five minutes for an opening statement. >> actually, yeah, hold off for one minute. we will replace mr. crossway's microphone. this way you don't have to keep shifting back and forth.
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thank you so much, mr. oberlander. you are not recognized for five minutes. >> hello. thank you. chair, ranking member, members of the subcommittee, chairman
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and distinguished members, my name is -- [inaudible] i appreciate this opportunity to share information about our company and to continue this important conversation today. over one decade ago we set a goal to transform the tobacco markets through innovative products that can make tobacco harm reduction a reality for adult smokers but doing so required us to provide consumer acceptable products that present less risk including products [inaudible] pursuing these goals we have focused on both innovation and response ability because the two must not be separated. the way we bring innovative products to market and how we market those products are as important as -- and all marketing is important and of how we can mitigate to adult
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smokers about alternatives for combustible cigarettes and we have rigorous standards in place to ensure our marketing is accurate and exclusively direct for adult smokers 21 and older. we pose numerous restrictions in the corner of a market limits [inaudible] are vapor brand i is -- [inaudible] 95% of these consumers are over 25 and 70% are over 35. with respect to use of a been [inaudible] youth fabian rates declined and in the most recent national tobacco survey results show youth is not popular among youth. first we have demonstrated and continue to demonstrate that it is possible to responsibly
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market alternative products and manufacture them under rigorous product standards. the increasing use vaping over the past two years and serious health to elicit products are now at the heart of a national discussion. these issues are being discussed within families and educators in faith and local government. they been discussing law-enforcement communities, the white house and the congress. we support action by the administration and congress to address both issues. it is important to public health for adult consumers. looking forward fda's premarket of tobacco location provides fast weight for vapor products align with public health [inaudible] we believe figure products can be marketed responsibly and we have already made extensive [inaudible] there
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are additional actions that cause you to consider. first, transparency in the process is critical and it suggests they disclose which products have been omitted for approval and it should help the public know which neighbor products are going to review and are eligible to remain on the market and will help state of issues to enforce the law. second, fda needs to adopt expediting innovation. for example, we are exploring technology that can provide additional measures for reducing potential youth usage however, the current [inaudible] with a significantly delay bringing this type of responsible innovation to markets. third, fda should consider adopting additional and rotating warnings for vapor products.
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these warnings could be for vaping products are not safe and not for youth. this includes many statements about packaging and brand websites. finally, fda has a track record of success with its youth program and we are qualities of success and continued and expanded. in conclusion, we believe the vapor market we will help address the serious issue that we face today and at the same time it will continue [inaudible] i think the committee for these important issues [inaudible] >> thank you so much. you are not recognized for five minutes. >> good morning, chairman, ranking member, ranking member
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walden and can distinguish members of the committee. i'm the ceo of -- and thank you for the opportunity to testify today to discuss with you the important public health dynamics associated with electronic cigarettes. i'm humbled to be here provide insight into this complex and vitally important conversation. by way of background i joined this for personal reasons for it as i am sure as is the case with many people in this room my family has been victimized by one of the most deadly articles of congress ever created combustible cigarettes. as a boy and watched as my grandmother perished well before her time and as my once puerile grandfather, veteran of the army and marine corps and police officer for over 30 years spent the last six years of his life attached to an oxygen tank unable to sit up without losing his breath. it is with these horrifying memories in mind that i joined njoy and wrote our statement to
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help find and atonement of cigarettes. it was clear to me that we at njoy would advance the mission of the public health benefits of electronic cigarettes were overshadowed by a surge of youth use. to that end they have pursued its mission with the goal of ensuring our products do not fall into the hands of america's youth. the hollow as it may sound this industry has the greatest incentive with moral and economic to ensure that youth use is eliminated. if the goal is not accomplished it is life-changing technology may rightfully and ironically be relegated to the ashtray of history. we see today's hearing as an opportunity for productive dialogue to move forward together collectively to protect the public health. there are a possibly 34 million americans who still smoke combustible cigarettes and over 1 billion people worldwide in the smokers face rater than 50% chance of premature death if they continue to smoke in each
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year nearly 500,000 americans die prematurely from smoking-related disease. switching adult smokers from combustible cigarettes to electronic cigarettes has the potential to save millions of lives and trillions of dollars in preventable healthcare expenses. these assertions are not mere industry taglines design to obvious gates otherwise nefarious or profit driven motives. former fda commissioner scott gottlieb said if you could switch every adult smoker who is using combustible adult smoker you will have a profound impact on public health. with this in mind njoy has recognized from conception that contrary to popular opinion addicting a new generation of nicotine users would not further our moral or financial bottom line but would have our undoing but we built our business in accordance with that he feels and the data proves it is working. according to the national youth tobacco survey in 2019 only 1.2% of high school students who used electronic cigarettes within the prior 30 days reported using njoy products. indeed, the most recent national
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youth tobacco survey njoy youth rates for high schoolers despite being one of the top three national brands is over nine times lower than the combined use of two brands that were not even part of the survey but written in my students use those brands. further, fda's yearly retail inspection dilation data consist of the shows that products are involved in the fewest violations of the top four e-cigarette brands. for example, in the fiscal year beginning october 2017 fda reported more than 3300 violations, including electronic e-cigarette of which only 20 involved njoy products which is less than 1%. following fiscal year fda recorded over 5250 violations and only 28 of which involved turn for products, barely one half of 1%. the present fiscal year njoy products were involved in only eight violations of the 839 recorded by fda thus far, less than 1%. while we transcribe to reduce
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this number even further njoy is proud of its track record thus far. to be clear however, my goal is not to aggrandize our track record nor to draw comparisons against my competition but rather i provide this data merely to demonstrate that with proper regulation and vigilant self policing there is a path forward for the slight changing technology. it's a path that can provide an offramp for adults without creating an on-ramp for youth and i am confident everyone on this panel shows that very same dedication to illuminating under age vaping eight. vaping. [inaudible] i look forward to answering your questions and thank you again for the opportunity to be here. >> thank you so much but i now recognize mr. blunt for five minutes for an opening stateme statement. >> chairman, ranking member and fellow subcommittee i thank you
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for the opportunity to appear today before the house committee of energy and commerce of oversight. to discuss the important issues regarding electronic nicotine system commonly referred to as esa growth. my name is -- and i'm president in the u.s. market for the blue brands which we acquired from another company in june 2015. as you are aware we have cooperated extensively with the committee investigations that began last august and provided several stages of material in response to the committee's request for information. we believe the facts make clear that fontem is a responsible actor in the esa grid market place and we are committed to ensuring to our business but our business practices are consistent with our objective of providing other consumers only with highest quality products in an enjoyable experience.
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i would like to briefly address all points. first, fontem believes without equivocation that youth should not use any e-cigarette products. we share the subcommittee's views that presenting preventing youth access is critical and in this regard fontem does not and have never directed its marketing for e-cigarette for youth. second, fontem takes extensive steps to ensure its e-cigarette not -- show access prevention. we are sold the three main distribution channels. the traditional brick-and-mort brick-and-mortar, convenience stores, gas stations, e-commerce and vape shops. in each distribution channel fontem take steps to ensure that youth do not have access to products. third, fontem has a invested extensively in the products --
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program. we are also committed to responsibly [inaudible] fourth, fontem products have not been found by the u.s. disease control to be involved in any of the incidences it has investigated. we were deeply concerned by reports last year leaking respiratory illnesses to the use of vaping buttocks. we [inaudible] vitamin e acetate is not and has never been an ingredient in our products. we are not aware of any fontem product being referenced by the cdc as involving incidences it has investigated. further, we fully agree with the cdc's that customers should not
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buy baby products especially the one containing chp from black markets. of course, we will continue to monitor these developments closely. [inaudible] all of us at fontem are dedicated to ensuring our products are of the highest quality and that they are marketed and sold only two other consumers -- older consumers but i thank you for your time and attention to these issues. on behalf of fontem u.s. we look forward to working with the congress and fda and will continue to do so and happy to answer any question you may have. >> i have apologized for mispronouncing your name. you are now recognize for five minutes. >> chairman, ranking member, numbers of the subcommittee, thank you for inviting me to testify at this hearing.
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i'm jay loftin, president of logic and i appreciate the opportunity to contribute to this very important inquiry. to my knowledge only one company has all of its inns premarket waco locations excepted force of standing or review the fda. that is logic. logic has consistently acted responsibly and that since we logic has had numerous measures to deter youth access. we share your concerns regarding unlawful products and those that intentionally target minors where our market is low risk without approval. as much as i'm grateful for the opportunity to participate today and discussed the numerous challenges we face i do not wish to be painted with the same brush as others because we operate differently. we have made every effort to responsibly market our products with controls in place aimed at preventing youth appeal and access. we did this not because it was
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mandated by law at the time or because we were facing lawsuits or because we generated bad publicity with our products and marketing but we did this because it's the right thing to do. we don't suggest our products are cessation devices but we are not and do not use influencers to convince children or adults to try our products. we are not evangelists claiming to offer a cure for smoking and other companies have caused tremendous damage and reputation into this category while putting america's youth in harms way. logic has always and will always responsibly market and sell these products to adults only. from our first day logic's product packaging and website has carried a warning clearly stating that our products contain nicotine which is addictive in our products are for adults only and underage sale is prohibited. purchases through our website have always been restricted to
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age verified adults and even before the regulations took effect we further restricted to sales to those age 21 and above. perhaps others now have practices in place but introducing these when he must rather than because it's the right thing to do is different all together. logic is not a brand that resonates with youth and our online data shows logic's typical consumer looks much more like me than my adult children read this is not by chance but the result of a responsible step that logic has taken such as only using people who are over the age of 30 in our consumer marketing materials. was it difficult to stand by and watch other take a less responsible approach and see our competitors business sore? yes, it was very their growth came at great cost and is tarnished the entire category and caused a serious youth uptake problem and created doubt and fear in this country.
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rather than treated counterfeits products as an excuse for the albums at hand logic has committed substantial resources to eliminating them in for nearly four years we have worked with the fda, homeland security, cbp and law-enforcement to stop thousands of illegitimate sales of our products online and we vocally and consistently called for the f da to close the window that it opened when it pushed the pmt a deadline back and for the fda to immediately and robustly impose and enforce premarket regulatory requirements. fda has the authority to rid the markets of products that are not appropriate for the production of a public health and to determine based on science and evidence, including the likely impact from the population as a whole whether a product will remain on the market irrespective of design, irrespective of flavor. yes, logic has flavored products
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and that is because many adults prefer them to the taste of menthol. the simple existence of flavor does not cause a youth problem but what does his irresponsible marketing combined with products that are designed and marketed to appeal to youth. that is why we don't agree with wholesale bans on flavors. that is why we believe in allowing the fda to decide which products should be on the market for the process. having never manufactured or marketed our products to young people and having acted with response ability and integrity i, and everyone at logic, will do will begin to support the committee with the ongoing work, thank you for your time. >> thank you so much, mr. loftin. it is now time for the committee to ask questions and the chair will recognize herself for five minutes. people are confused when it comes to the health and safety of e cigarettes. i heard this the other day over at south high school the u.s. surgeon general has noted that young people try e cigarettes assuming that either they are less harmful than other tobacco
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products or even that they are not harmful at all. i want to clear a couple of things up with this panel but these questions should be able to be answered with a simple yes or no answer. my first question is isn't it true that nicotine is addictive, mr. crossway? >> yes, nicotine is addictive. >> yes. >> yes. >> yes. >> and isn't it true then that using the products each of your company's makes, which contains nicotine, could lead to nicotine addiction? >> yes, nicotine is addictive. >> and your products could lead to nicotine addiction, correct? >> yes, it could connect? >> your products people use --
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>> yes, ma'am. >> yes. >> mr. loftin. >> yes. >> nicotine, do you agree with the medical studies that show that nicotine can have negative consequences for respiratory health and can cause an increase in blood pressure, heart rate and lead to heart disease and also could harm brain development in young people, mr. crossway? >> as part of our pmt eight will have are studies submitted to be reviewed. >> have you seen the studies that show that there are these issues that i just mentioned? >> i'm not familiar with the on- >> you don't know. do you maintain nicotine causes no health consequences in people then? >> no, nicotine is addictive. >> doesn't have health consequences? >> yes, it can cause harm. >> mr. oberlander did you hear
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my question about the studies. >> [inaudible] >> would you agree that nicotine could cause respiratory health issues, blood pressure, heart rate and brain to element issues? >> as i said, nicotine is addictive and tobacco products can cause harm. >> can they cause arms i talked about? you don't know. what about you? >> i'm not in a position to cooperate or -- >> you don't know if it could cause those harms. >> nicotine can cause health issues but i'm not in a position to cooperate. >> what do you think they cause connect. >> getting can raise your blood pressure and cause headaches. >> but you don't really know that other thing. >> i'm not aware of the study. >> but you're the ceo of the company. >> mr. blonde. >> the good team is addictive and as such can cause harm. >> i find it fascinating that no one wants to talk about what
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that harm is paid the medical studies show that it can cause respiratory health problems, blood pressure, heart rate problems and brain development problems in young people do think it could cause those harms? >> i have no reason to doubt those studies but i'm not aware of them. >> to give very much. mr. loftin. >> nicotine is addictive and we put the warning labels onto our products. >> do think it could cause harm that i'm talking about? >> we will leave that up to the fda to decide through the process. >> you will not commit to that either. when you state nicotine is addictive, i don't think that a lot of young people understand what that means in terms of health consequences. i was moved by what you said about your grandmother and grandfather. my mother died of lung cancer at age 54 from smoking. which she started doing when she was under 21. i'm sure she knew it was addictive but i don't think she had any idea but i think people
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think he cigarettes, sure, they are addictive but they will not cause the same harm as cigarettes. in fact, we don't know. i want to ask you another yes or no question and maybe you will answer it. do you agree with the cdc that there is no completely safe tobacco product including e cigarettes, mr. crossway? >> yes, our products are not -- >> mr. oberlander. >> no -- yes. >> all tobacco products carry risk. >> one last question but do you all agree that there is a youth vaping epidemic and that people under 21 should not use e cigarettes including your products, mr. crossway? >> i completely agree. >> mr. oberlander. >> again. >> yes, i agree. >> yes. >> i agree. >> what did you want to say? >> one youth vaping is too many.
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>> thank you. i now reckon eyes mr. guthrie for five minutes. >> good to see you all here. i want to begin by asking -- i want to begin by understanding fda's authority. ... removing nearly 100 products from the market in october, 2019. under the january enforcement guidance, what action can they take against manufacturer of
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these products if the fda finds they fail to keep them away from minors. >> who would you like to go first? >> what i >> what is sometimes lost in the guidance is they allowed us to take action against products and they've included flavors and are targeted towards minors or manufacturing in the way that makes them attractive to use, so the products you referred to i can't comment on. i can say to the extent they could increase the level that they have been sweeping authority to remove them from the market. >> you answered that and i will ask this day of disposable products, so what have you done to prevent disposable products from being an available use? >> historically the disposable products haven't contributed to any specifically meaningful
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level. the practice is to avoid the use across the spectrum of the products and avoiding and in our case eliminating the premise of the licensed tobacco retailer. we've eliminated this presence and specifically with respect to my think the inference regarding the flavor disposables a week ago he made the decision to voluntarily remove our flavored products, the flavor disposable products from stores albeit not because they've created increased access we did so because they thought it was consistent with the fear of guidance to use the process to adjudicate whether they are appropriate for the protection of public health. >> i have another question to get to. what is your company doing? >> beekeeping of products out of
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the youth access prevention program and this is through our marketing practices and we are being very careful about that. we are using this to make sure the products are informative and we engaged the activity with the retailers to make sure no products are being sold to the youth. >> what action is your company taking to curb access to the products and do you monitor access and how do you make sure that the youth are not using them and then i think that the term if they have controls in place, so if you want to talk about the controls in place to keep them from having access to the product. >> when i joined the organization, it was obvious to
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me that the youth use levels were unacceptable and we took immediate action when i joined and we pulled back and stopped all of the products, digital broadcast and advertising. when i solve the access they were getting from certain flavors we stopped shipping them november of last year. we were also focused permitting access in the retail channel and working on technology solutions with retailers to ensure that they were scanned into in place of the transactions were only happening with adults in the retail stores. it's an effort that we are focused on and we know that it must combat -- >> [inaudible]
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>> we have protocols for all of our online interactions and forth, we figured out the online purchases and if we have the contraction with the policies -- >> with pendleton's you said you have controls in place to be of no marketing flavors we specifically go after minors, so marketing all the models above 30-years-old and we use no social influencers. >> i will yield back. >> recognizing the chairman of the full committee for five minutes. >> thank you madam chair. i just wanted to say a little disclaimer. i heard all of you over and over see that you were responsible man of integrity. that is not true. people that have integrity don't
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sell products after listening to these questions you admit make people sick and probably kill people. if you want to be men of integrity and responsible man coming you wouldn't be selling this product. you would do something else, so i want you to understand i'm upset by hearing this concept. this is false. but i want to get to the bottom of this. i don't believe for one minute that any of you didn't purposely target young people. let me get to my questions, continue to be alarmed by the rapid increase of the people that use the product, youth interest aninterest in curiosite cigarettes that stems not only from availability, but also from the persuasive and targeted marketing tactics entities are not dissimilaand these arenot ds decades ago. instead of joe camel, they've
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used social media to convince consumers to products would make you cool. they found that in the years following the launch of the product, the advertising was widely distributed on social media channels frequented by youth. it was amplified by the extensions and capitalized uncompensated influencers and affiliates. my question for all of you, i could ask the others but i don't have enough time, at the time that we used the tactics were any controls in place to prevent the advertising marketing activity from reaching younger people if you can answer briefly were there any controls or efforts to prevent the advertising and marketing from reaching young people? >> to be clear we didn't do any of the social media programs today. >> i'm talking about when you started doing it. >> from my recollection looking back, they never had any intention to market to the youth.
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>> i know you're going to say you didn't have any intention. nobody will admit that the intent was to market youth. but at the time whether any controls in place to prevent the advertising activities from reaching out to people? is the answer is no you can sayt say no. >> it was before my time. >> juul acknowledged that engaging in the product on social media than i am not going to ask you that but in the november release announcing your action plan to address the use, juul state stated in my clothesy generated social media posts involving the products proliferating across the platforms that must be swiftly addressed. so, mr. crosthwaite, what is the tipping point that led them to decide the marketing practice was a problem that needed to be addressed? i know that you will say you didn't target young people that your actiobutyour action plan se point it was causing that, so
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what was the tipping point that led them to decide the marketing practice was a problem that you should address? >> the company in the past has taken actions and when it became available i believe in my best recollection 2018 the company stopped. >> now you've disabled facebook and insta grandma counts, but the hash tags involving the products continue to be shared across the social platforms. despite your efforts to end your social media presence it's clear that it continues to be accurate in the user generated content. as you indicated again in this action plan there is no indication that this social media content is linked to the appeal of leaping to underage users. after use of the marketing practices to attract young people, is it accurate to say that it was too little, too late. because now the social media is
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being used by the people themselves, not by youth. so, don't you think that taking this off the market or the social media was a little too late yes or no? >> when i joined the organization, i knew more needed to be done and that is why i took the steps i took to combat this issue that we are facing. >> last question, do you agree kids that cannot purchase tobacco products should never be the target of tobacco product advertising including e-cigarettes marketing and advertising? >> the product should never be. the chair recognizes mr. mckinley for five minutes. >> thank you, madam chair. i want to go back to the numbers of studies done.
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as a result of all the studies, the conclusion included in debating products are heavy metals, ultra fine particles, carcinogen material ingredients. have any of you denied that there are, let's focus on these particles in the fluids, have any of you denied the particles are there despite the reports specifically to your product do
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you have ultra fine particles in the product? >> i'm not familiar. it exists in almost all and maybe even larger, but the concern may be for anyone is it can have some long-term deleterious effect and if we are allowing one to be in the fluid is going to be introduced to people's lungs and anyone that uses the product is going to have a health risk. the we do believe we can provide
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the fda with all the evidence and the exposure of chemicals that you've mentioned to make the decision about being back in public-health. >> apparently i'm not going to get quite the answer i'm looking for. so people understand, most people don't understand the science of 1 micron but 50 is visible to the naked eye. we are talking about one 50th of a micron is going to be in your long as. it's a nelly and the meter. we are talking about something extremely small and one getting
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into your lungs you're going to have long-term problems. we allow two and a half and we think we can tolerate but we are allowing this product to go down to 1 micron significantly causing long-term health-care risks. so i guess my concern is a not only are we allowing these microns to get into our lungs but they are also allowing people to introduce cancerous materials. is that something that we should be paying more attention to come help to prevent people from aftermarket introducing the product into their device, and how do we make it so that it
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isn't tamper-resistant, tamperproof so that people can't play with this and even cause more health shaming concerns. the cdc has come out with a study in how that is being put into the aftermarket utilizati utilization. are any of you doing anything to prevent the aftermarket, any of you? >> we have pre- sealed cartridges that they can't get in at this point. >> so we have one of you. >> the chair recognizes ms. schakowsky for five minutes.
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>> last september, president of trump promised to take action to take all the non- tobacco flavored products from the marketplace in response to be used for bathing epidemic, but it didn't. that's not true. incredibly, the administration caved to the special interest and created exemptions for disposable e-cigarettes in every imaginable flavor and menthol flavored e-cigarettes. so, mr. blonde, this carveout will allow as i understand that it is an a lot and cherry blast, these are disposable product is clearly not aimed at adults to remain on the market. we already have three parts of
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young people shifting to these disposable products. there's a headline in "the new york times" last week that says teens find a big loophole in the flavored vaping ban. thanks to your product, this is an entire year generation of young people that are now addicted to nicotine. anand we've heard discussions about what that problem can be and i would think mr. mckinley for that. mr. crosthwaite, juul cannot deny the role of its legacy and its epidemic.
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juul is literally common and julling is what people are talking about. each of you must accept responsibility for the role that you have played in reviving the youth tobacco epidemic. yes or no do you believe the administration's example for the exemption rather for any disposable product would leave many of these cigarette products easily accessible to young people? >> we were disappointed in the guidance. we thought it should have gone further and should have been a part of the process.
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>> mr. nivakoff, it was recently decided to volunteer all flavored disposable products and they are not available to you. do you believe there is a risk that they will simply turn to using the disposable flavored product? as the data has demonstrated, the u.s. historically the notion that the youth would switch from the flavored disposable product to another disposable product is factually inaccurate because they haven't been using it to begin with. >> so, disposable e-cigarettes are attractive because they can be easily hidden and have an enticing range of flavors. mr. blonde, given what you have heard today, will you join and
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commit to voluntarily suspending the sales of your disposable cherry crush product is? >> disposable products have been in the market now for about ten years, and as for the other products they are widely adopted by the consumers and we are not aware of any current issue caused by the flavors. the fact that the fda executed the disposables from the dispose that we would comply with we do have 9 million in the u.s. as well as others that are currently using the markets that look like a cigarette has been in the last ten years. >> you are not concerned that those are also used by kids that they may be attracted by those
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names? >> we don't have any issue i had a concern i have seen the article about the new disposables in the market but probably don't have the permission program and as well apparently some factors that would be very appealing. >> i hear a lot a few rely on the administration and it seems to me that as much as we want to have the data i was shocked that you did not know about the report about the content of your vaping product and i will yield back. >> the chair recognizes mr. duncan for five minutes. >> thank you madam chair and all of you for being here today.
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the products have been in use at least since early 2000 and i agree that the epidemic is a serious problem. but if you look at, this has been a recent development so you have to stop and ask yourself if the products have been out there for that long come ask why is this a recent occurrence and icy recent within the last few years. e-cigarettes were developed as an alternative to the tobacco products, which contain tar and other things that are damaging to the body. but you also have to ask yourself if these products are used in europe and other places in the world, why aren't they seeing the uptick in the health related problems that we are seeing and the deaths that we are seeing in the united states over rhetorical questions we have to ask ourselves, and i want to reference a political article dated october 2019 and is a bit for the record.
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>> without objection. >> in that article also references that the trump administration is urging people to avoid buying unregulated products and i think that we can point to the unregulated products the black market products and tamperproof products is the leading cause of health problems. and not seeing that in europe. in fact, a european respiratory society regulation director within the use of this we have not seen anything like what we are seeing in the u.s. recently to my knowledge and i am pretty aware of the field. the former chief of the uk charity action on soaking and health said this you are terrifying people who have benefited from vaping by not smoking. >> i think of is the ultimate reason that the products were created in the first place. >> the question i have is are they being pushed to the black
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market where they find thc products and other counterfeit products. it's almost directly linked to the black market product and not the commercial products by those represented here today so it's important that we have an ongoing conversation about how the companies are working to minimize the number of black market products and what we in congress can do instead of attacking the alternative use, we ought to talk about how we can work together to help this industry because it is an alternative. as with identifying the customs enforcement. we need to help them identify the market so my question of the
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witnesses is can you speak to the relationship of your companies have with cbp agents and how you are working alongside them and the black market first our hearts go out to anyone who was hurt and impacted by the situation and we were supportive when that investigation was going on and they didn't sell any of the products that contained vitamin e that you are right to call out the amount of the illicit products that exist in the market. >> is it difficult for the officers to detect the product if it is manufactured overseas? >> we have a brand protection organization within our company that works with law enforcement and border patrol and other regulatory agencies and education awareness and helping combat this issue.
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>> when the crisis broke out, we were very concerned about the victims and immediately contacted [inaudible] >> can you move the microphone up. >> we have worked with enforcement agencies to curb the problem. i'm out of time. let me just reiterate we need to work with custom border patrol and customs enforcement agencies and this committee needs to work with them as well although we don't have the jurisdiction to
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figure out how to stop the products from coming into this country and address the problem of tampering with the legitimate products and counterfeit products people are using because apparently it isn't a problem in europe and that i would yield back. >> the chair recognizes mr. kennedy for five minutes. >> thank you for holding the hearinthishearing and the witner being here. we've heard consistent testimony from all of you this morning saying these products were designed to help people transition off of cigarettes but they were not designed to be marketed to children or youth and if you are not a smoker you should not start and it echoes the skepticism from my colleagues. i had a council from hig counsel students from my district over the past several years probably four years ago at high school student asked me because everyone in the school was
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smoking. it was strategic social media campaign to get the products in front. it's very difficult for me to understand, and i'm certain all of you forwarded this information and i cannot imagine that your companies don't. when john hopkins says the adult non-smokers that are now using these products have doubled to 6 million that you claim were not the target of the market audience for the product there are 6 million more customers that have come in in at a quarter of high school students.
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i think it is hard to see the consequence. i understand you are new in the position. we've now created an epidemic that today a quarter of all high school students it's going to go someplace else. your company is old news and the beer onto the next one because of an industry that you helped create and others' quotes in
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"the new york times" that said that was never really the objective and now you are before us saying we are open for the deletions. what are we going to do to stop this? >> if the concern is the black market and evolution of new products that will come out. >> we do not sell any -- would you pledge not to apply a company that is engaged as you have put up bars but there's new products and companies that don't fit the regulation would you pledge not to acquire such a company that engage in the practice? >> we are -- we have no plan at this time.
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>> will you pledge not to acquire a company that doesn't abide by the practices that you say that you abide by in the market share? >> i would fully pledge. >> we don't have any intent. >> we have no intense, but we would honor that we will market responsibly. so, given that we have now created an industry that has a younger generation that is now addicted, what do you want us to do about it? >> i fully recognize that the opportunity for the millions of adult smokers is at risk if we don't address this issue and if we don't focus on combating underage access, because i know
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it puts us at risk if we don't make progress here. >> hell do i trust what you say? >> my action is to support the recognition that more needed to be done. we've taken action and recognized more needed to be done to turn the issue around. we have been successful in taking millions away from the most harmful form of tobacco use and also recognize it is at risk if we don't continue to make progress. thank you very much madam chair. >> we heard testimony earlier from the doctor at the previous evening that in december, the number of youth using vaping products, there were more using
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thc vaping products than nicotine vaping products. they use vaping epidemic is a concern from the e-cigarettes vaping association, lung injury outbreak. the use of these has been strongly linked to those illnesses. is it used in any of your brands, mr. crosthwaite? >> know, congressman. >> no, sir. >> no, sir. >> so none of your companies sell anything that contained thc or is specifically designed to be used with the products is that correct? >> we do not. >> though, sir. >> can the products they adulterated so they can be used with these products? modified or changed, do you know?
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>> our products are not designed to be changed or modified, they are tamper resistant. >> same answer, sir. >> they are pre- sealed cartridges. >> what steps do you have or do you plan for somebody using your device with some kind of knockoff product that can be used? >> we take steps in the product to get them removed from the market. there are those that are not used and we tend to get them out of the market. >> we don't have any of the products. >> i have some folks that have
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come in to see me recently anything but his contraband or has been smuggled into the country or has thc when it's not supposed to be there. would you all agree that it's important that we have regulations but we also make it possible for there to be outlets for adults to go to vaping shops instead of being bought on the street corner from some renegade company? >> we completely support the fda process and believe it is the most appropriate body to provide oversight for this industry, and in fact reserve the chance for adults to have alternatives. >> does anybody have a different answer or anything to add to this? >> we don't believe it's gone far enough. all products and companies should go through the same process.
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>> i understand some of you make a zero nicotine product. can you explain why and what purpose nicotine free might service for those watching at home. >> we don't think that product. >> does anybody else? >> no, sir. >> we do. in some cases some smokers have evolved their way of taking nicotine and we want a full range. >> they still want the feel of having something in their mouth or some thing that they are breathing is that it? >> salve our customers decided to keep a pleasurable experience with the product but without nicotine. >> do you have a product like this? >> no, sir.
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>> my time is just about up. >> will the gentleman yield? >> what percentage of your sales over the known nicotine cigarettes? >> title ti don't have the prece number but it is quite low. >> that you supplement your answers with an exact number? thank you. i yield back. >> the chair recognizes newscaster for five minutes. >> thank you madam chair for calling this important hearing today. it's highlighted how the manufacturers have enticed people to the products. i'm concerned about the company's marketing and social media to target and insidious use and its continued to happen even after the harm has become
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clear in the addictive nature and impact. prior to reforming your social media a large number of the social media followers were young people and according to the journal of american medical association pediatrics, almost half of your twitter followers were aged 13 to 17. you testified here today that juul should never be marketed to the youth, but they were extensively marketing to the youth in the past. they addressed the social media presence because it was concerned about how the social media activities did impact the youth is that correct? >> what we were actually focused on today with social media is
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getting pushed off so we look for those that we think are appropriatinappropriate and askm to be taken down to the access to this information is not available. >> you just heard mr. crosthwaite state that they have a strategy, social media strategy but acknowledged that it does impact the use of vaping as a major player in the industry. they continue to use social media as a marketing tool. you said you have an access program but on the other hand you continue to actively market through social media. why do you do that? >> one is the social media influencers who may be blocked
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from the account and can see the posts that promotes the product and the influencers promotion of these products is especially harmful because the popularity can sway people into believing that the products are attractive and trendy. will you commit to end your use of influencers to market to young people? >> we have currently stopped producing. >> what have you done to actively end -- hispanic we have very strict measures. it's a marketing platform.
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and make use of the influencers now it makes it difficult to control the market information. do you think of the industry as a whole ship and its use of social media as a marketing tool given the difficulty in preventing the youth from being exposed to the material? >> would i have been focused on is taking every step i can to minimize. we are not on the social media. what would you say to those that are not going down the same path? >> i can share what i've been focused on which is addressing getting access to information they should not and that's why i've taken the steps that i have as ceo.
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>> do you use influencers? >> we do not. >> we do not use social influencers. so, you are the odd man out here. >> again, the choice is making sure that the people are above 25. >> it's not good enough in today's age of social media. you have got to be proactive and control -- if you say on the one hand i'm not going to market to the youth and on the other hand you are allowing the dissemination of the videos and influencers on those platforms, you are really being hypocritical, and he needs to be brought under control. we understand how harmful the products are. you have a responsibility especially in the growing
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evidence not to market to them. i will yield back my time. >> thank you, chairwoman and thank you for holding this very, very important hearing. let me start by saying that as a mother of two sons, i spent the last 30 years trying to keep them from smoking cigarettes and instead you've come into our life if nicotine is highly addictive. so i just want to say based on the data we are on the precipice of limiting tobacco but confronting alarming rates of the youth nicotine use and as a result these cigarettes are the most commonly used. surpassing the rate of the cigarettes five years ago. it doubled again from 2017 to
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2019 demonstrating that it's only getting worse. before the committee recently the pediatrician from dartmouth helped us to understand this very issue. based upon her testimony, sworn under oath, we know that biologically the brain is more susceptible to nicotine addiction during adolescence and begins around 18 and for most it lasts well into their 20s. a brain that isn't exposed to psychotropic drugs is less likely to develop addiction. in the worst opioid epidemic in our lifetime it began with misleading marketing and a lack
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of regulatory oversight and my fear is that we are repeating the same mistakes making way for a new generation grappling with addiction that we all hope to avoid. so i just want to say 26 years ago we had a tobacco company ceos in the room testifying before the committee that they didn't believe that nicotine and products was addictive. four years later in another hearing before the committee today's schools warned the students about the harm particularly on developing brains. they offer which they claim releases and amount similar to a pic of 20 cigarettes. some report going through a single product in three hours to try to reduce their nicotine intake, they are now turning to
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combustible cigarettes. to reduce their nicotine intake. are you aware they feel the need to switch back to regular cigarettes and if so, do these reports concern you? >> i share your concern. it's unacceptable. >> what is it that you are doing about it today? >> since i joined the company that four months ago, we took action to address this issue. we stopped when i became ceo in november and the product but at the time we got the data to thet the youth were getting access, and that was 70% of the company and a timeframe. >> 70% going to the youth from nicotine addiction. 70% of the profit from this
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product but the youth was using. is that the number that you are trying to explain to us? >> when we stopped shipping, the product for 70% of her business. >> that's what i'm trying to say. for the american people, 70% of your product was going to the youth in the countrycome in foud four months ago you stopped at. >> in november when i saw that they were getting access and sounded appealing, i took it off the market for the company. >> what about the other flavors that are currently on the market. >> today we sell tobacco and mentathen bolts of the company. >> do you think that is getting access? >> is there any reason not to take that off the market? >> there's over 10 million
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americans that use the mental combustible cigarettes. we saw the data and it wasn't one of the flavors. it was quite small. i believe in my recollection the number was a few percentage points but i will have to refer back to the point specifically to. >> mothers and fathers across the country are watching this hearing very carefully. thank you. >> the chair recognizes the ranking member of the full committee for five minutes. >> thank you madam chair for having the hearing and as i've mentioned in my opening statement i'm concerned about the counterfeit products among other things and safety issues in these spaces. there's plenty of news articles about the products in particular and i understand that the office and criminal investigation have several ongoing criminal investigations related to the investigations over each of you pretty quickly, what concerns do you each have about
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counterfeiting of your products? i don't think that your microphone is on. >> counterfeit products are an issue that we've been focused on getting them off of the marketplace. >> at this point in time we haven't seen any counterfeit. we've not seen any reports. we are very concerned about counterfeit, and i would love to share some of the results. we closed the factory in china and also just in the u.s., $1.5 million for the products
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confiscated and new york. 681 cease and desist in 859. >> if i could get that from you, have a couple other questions i'd like to get to but i'd like to get to the full answer. i'd like to go back to you did you say 70% of juul's profits come from? >> when we saw the data that they were getting access we stopped shipping that in the united states and it was 70% of what was sold in the united states to all of the users. >> in just a few months the industry is going to undergo another shaft.
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how will consumer retail store owners know which are allowed on the market after this date and which should be removed and what kind of transparency should we be thinking of and do we need to do something here once thought process is completed? >> we look forward to submitting in may it's an important step for the industry to go through. whatever way we need to be communicating in the process. >> but for the retailers and consumers. they give full transparency of the markets.
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i can't speak to my competitors however our market almost exclusively sold in these channels with corporate counterparties that have thoroughly robust compliance and groups in the stores as a result. with respect to won't be any confusion. >> now this issue with cannabis thc, what is the best thing we can do here to put a stop to that because that is somewhere where the injury is occurring in
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states like oregon have legalized everything that we are seeing. if you want to weigh in on the best course of action for congress to do to deal with that issue. >> i think that you have all products and companies involved in the process as well. >> i believe they have a description brought forth into the root cause. >> and the benefit of the process is you have the clinical behavioral research and 100 scientific studies so the fda can identify and if it is appropriate for the production. >> my time is expired. thank you all for your testimony. >> chair recognizes mr. ruiz for five minutes. >> thank you very much. thank you all for being here. everybody here agrees that the
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youth shouldn't be using gaping products, but it's still happening at disturbing rates. that's why this committee accepted my bill but no beeping act when we marked up the epidemic it would increase penalties on the retailers that sell products to underage teens. i'm also working on legislation to require manufacturers to label the vaping product and not just the packaging, to make it clear it's addictive and harmful. i'm a doctor. i know that. and to make it clear for parents and teachers to identify vaping product is. they would also prohibit those that are being used to attract teens with the ability to conceal their use like this
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sweatshirt. the thread in the hood is the vaping product. or they are disguised as juice boxes. they are marketed to underage youth. these are egregious tactics companies have employed and we must stop it. you link the dramatic increase in the usage of the cigarettes iand the combination of irresponsible marketing product characteristics of others and
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those that are or were engaging in these practices? >> i'm not here to talk about the other companies but it's based on irresponsible marketi marketing. >> you don't have to name companies, but give me examples. >> exciting colors, shapes, names, parties, all kinds of different things without warning labels that shouldn't be marketed to youth. >> so despite the attempt in the public concerns about the market we know that they continue to be targeted in guidance published just last month they stated that e-cigarettes, quote, continue to be marketed by a wide variety of media technology. mr. crosthwaite come in the testimony, you stated juul has halted the digital product advertising they shouldn't be
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subject to the same advertising restriction as combustible cigarettes we know that the manufacturers have also marketed products to the various promotions such as highlighting the affordability. the ability of the products. the website promotion stated,
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quote, last chance to buy flavor packs, last chance to get your flavor packs and the homepage for, quote, last chance to stock up on selected flavors before they are gone, quote, by ten products and get 15 free. it's obvious those tha product f the profit in mind when they are marketing to the public. not the public's help, notably the excluded the two flavors that excluded by the flavor guidance. seems quite unabashed in its interest in catching the flavors that have been urgent don't you think it is irresponsible of the company to offload the same time
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they are sounding the alarm of the appeal of the products? >> was it your decision you are not taking accountability of the flavors you are trying to sell and market it would be considered a characteristic of the product. >> we have a promotion on the website and this was dedicated to the other consumers making sure they could start them before. >> and the flavors have been a target for the youth but clearly it's been a cause for the youth epidemic.
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... >> it is implausible that your company's did not pick up pretty quickly that youth vaping was contributing significantly to the bottom line. i don't know the various cases have turned up there yet but i know that in years to come we
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will see e-mails and memos and other things going back and forth to headquarters et cetera talking about the great opportunities to boost the numbers from certain kinds of sales. you knew it would happen. and it wasn't intel the crisis proportions of a public outcry of the accountability kicked in. so that is something your industry has to live with unfortunately is something our youth are living with and will be into the future. i wanted to talk a little bit about the fda decision because originally fda announced with all e-flavored cigarettes and
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public health experts were encouraged by that with children's advocates and in a way we could not believe it. the president was in there and pushing the fda, it sounded almost too good to be true as a forceful response to the crisis. and then of course it turned out it wasn't true because when the policy ultimately came down it was significantly weekend with exempting multiple e-cigarette products. so the question i keep asking myself is what happened? why would the fda the agency tasked with regulating tobacco in the key area of focus to protect america's youth to ensure a healthy life for every family that is mission
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oriented stuff why would they walk back their decision? i just feel it has something to do with how many moves in washington. so there is a report from the american public media that talks about the multibillion-dollar campaign that people push back on the governments effort to restrict vaping hiring an army of lobbyist spending almost $3 million more than doubling the lobbying expenses for 2017 and 2018 combined work of the committee reported spending $200,000 per candidate in the communities and it combated state-level efforts to restrict products 142 lobbyists and that was citizens united opening the floodgates how dark many comes into politics and into the
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policy making apparatus we saw companies like and to influence the regulations with millions of dollars of dark many like americans for tax reform and americans for prosperity, all tria, $295 million on lobbying since 1988 more than exxon mobil spent in the same time. so the problem is the culture of responding to legitimate scrutiny around a public health crisis, by turning up money influence on the hill and not the priorities the public wants to see our
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continuing to be frustrated so i just wanted to speak to that or give you the opportunity to respond and i now have use my time but i do think it is a real concern and something we need to shine a light on because the american public is tired of it and i yield back. >> thank you madam chair public health agencies are becoming increasingly concerned and in 2013 the cdc sounded the alarm on the increasing use of e-cigarette simone youth and in 2018 it was called an epidemic. the number of young people using e-cigarette's has continued to grow with more than 5 million young people using e-cigarette'
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e-cigarette's. is that use among youth national public health threat? >> yes ma'am. >> does that point to the attractiveness of fruity flavors design and low cost to explain this to the youth but your testimony attributes that you use primarily to "use the appeal of certain products that intentionally target minors". so which products do you believe intentionally target young people? >> i'm not here to talk about the other companies but is irresponsible marketing with high and exciting flavors and colors and shapes and sizes that appeal to minors and if they do that they should stop. >> you are part of an industry.
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i don't know how much you interact with each other outside of being called here to testify but though whole industry is basically under scrutiny right now. and if you feel as though you have people that are scrupulous in their practices it would seem the industry would have that conversation. according to national survey data 60 percent and over half of middle schoolers who faith say juul is the usual brand so why are so many people drawn to your products? >> juul has had great success diverting millions of adults who are using cigarettes that would not have quit. >> my question is why are so many young people drawn to your product?
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>> without success with adults and social sourcing how the youth could have access one of the consequences youth getting access. >> how many young people do you estimate were drawn into this because of the adult population you are quoting . . >> what were those numbers? outhe studies that came that came out that youth were getting access. >> do you know what your study indicated. . . >> they indicated that the use was too high. >> how did we get here? what caused more than 5 million here? what causes 5 million youth to start vaping?
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>> i share your concern we were the market leader the youth vaping rates declined and then the national youth less than 5 percent of the respondents claimed to use those consumer demographics that 95 percent of the consumers were using. >> so you say you have no idea how the 5 million youth started vaping? you have no idea? >> we have only researched certain individual. >> in your testimony you mentioned juul is combating the serious problem of
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underage youth but yet youth use continues to increase in young people are still using the product in high numbers big tobacco has not always been a stall wart so why should we take your word for when you say juul is serious about combating youth use of e-cigarette's ?-question-mark i joined the company because i believe in a historic opportunity for adults to have another option for those who otherwise would not quit i also recognize that is a risk if we don't solve this problem the situation is unacceptable and we are prepared to take more action over time. >> for those who are responsible for perpetuating those practices enticing people to your products your industry must be willing to take ownership of actions that have contributed to the
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nation's vaping epidemic e-though you try to differentiate what you are doing you are all elaborating in an industry drawn in and will continue to draw in the people for you to take a form on - - affirmative action unless we do so. >> your recognized for five minutes. >> everybody that comes off from vaping combustibles, how many get hooked or start using and e-cigarette that addiction that might come for young people? how many are we willing to tolerate? >> these rates are unacceptable the whole opportunity for adults we recognize is arrest one - - a risk. >> there is that tipping point we really need to take that into consideration for young
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people to be the victims that will become addicted. >> common sense and reach search shows flavored products are the on ramp to flavored cigarette use nearly 80 percent of youth use because it comes in the flavors that i like. flavored e-cigarettes are important to help some adults whether they are necessary to help a person quit smoking is unproven. so between november of 18 and 19, juul voluntarily removed all flavored products except tobacco and menthol from the us market. with the increasing youth use of nontobacco flavored products factored in this decision? >> joining this organization i saw the data it is what drove the decision i made to take mint off the market in
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november. >> there are subcommittee hearings last fall that the fda commissioner stated the research they are flavors that would drive a child to use. do you agree with fda that they play a role to attract the youth to e-cigarette's? >> the data shows that flavors do not drive youth and it has the lowest rate of youth used by the four major brands and a multiple of greater than 30 of those violations with inspections despite the overwhelming majority previously being derived from flavors but all flavors will be off the market as of tomorrow. >> at the listening session that the white hell on - - the white house held in november, they told the president flavors are an issue
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they are attracted to the youth. how does that respond to the answer you just gave? >> i don't recall saying that sir. >> flavors are an issue. they are attractive to our yout youth. >> argues sure that was me but the data clearly shows the only thing that with eye exercise control have not been a driver of youth use as we are overwhelmingly the industry leader to avoid youth use. >> i have a document here and the transcript of the listening session on november 2d that was a direct from the transcrip transcript.
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>> perhaps you could share the context because out of context i don't fully understand the comment. but again we are the overwhelming market leader despite the revenue derived from flavors we have lowest rate of youth use by any measurable benchmark afforded by the government. >> the context is whether or not the flavors are a driving force. so we will move on a recent study of cigarette use of mint and menthol flavors increased sharply over the past three years for juul the mint was 17 percent to overall sales after restricted the availability of the fruit flavors. i am concerned fda's actions are temporarily restricting flavors cigarettes does not go far enough. the fda website describes menthol as flavor additive with a mentee taste. so given the similarities
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between mint and menthol, do you believe it's possible youth using mint may just switch to the menthol product? >> it's important to know the differences today. we now have tobacco 21 as the law of the land. and our menthol product is very different than are meant product it is a tobacco based formulation that exist. >> but it is possible that using mint they will switch to menthol? >> they know the fda will track it and we will do the same. >> same question to you. you convinced menthol is not just the new mint? >> menthol flavors have not been shown to be a problem we encourage the fda to do the same. >> that we know with youth
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behavior if they will shift from fruity to mint and then switch to menthol i have not heard anything to convince me this will not be the case i yield back. >> the ranking member and i will each ask one last round of questions. >> thank you for being here. no doubt e-cigarettes must get out of the hands of our youth. so i just want you to verify are you committed to stopping all youth access and will you keep the committee updated as you take actions to stop usage of the cigarettes? >> we are committed to combating access from youth getting e-weber we are happy to keep you up to speed on all actions. >> sr. >> we are committed in any way. >> you all submitted plan to
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submit plans that is important because you have to submit these because the products that are on the market not going that direction. but currently there is no final regulation fro or - - from the fda including when information should be submitted and in what format. do you think it would be helpful for the fda to finalize this regulation? and if it doesn't do it sooner rather than later? just go down the aisle. >> we are preparing to submit our opportunities with the fda on the process. >> even without final regulations and getting feedbac feedback? >> we have the regulatory science organization that does engage with the fda to seek the information to make the file. >> but would a final regulation be helpful? >> any clarity is always
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helpful but we are confident we will submit an accurate submission. >> the fda use products we will meet that deadline. >> without a final regulation place you feel confident. >> but that process would be helpful. >> rethink the current data is sufficient. >> we do plan to submit before final regulation is promulgated we don't think it is a prerequisite. >> we agree we would be submitting and everybody in the market should do so. >> we will submit hours as a standard review we are working with them right now and we'll work with them with any new regulations. >> we have to move forward because there's not enough time to go from where we are
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today i'm sure if the oversight of the committee we would like to see them have a final regulation as you move forward with approval that's how the process should work but we sure on - - certainly understand you cannot wait for that to happen but clarity is always important and in the process the way it should be followed for go thank you for being here. we absolutely must get e-cigarettes out of our youth and we want you to update us as those controls are put in place as you move forward we would like to see that as well. >> thank you. i have a couple quick questions. one of the things the kids this week said that people are just just getting them online.
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you said you have very strict online protections? could you submit those for the record? >> we artie said that to committee staff. >> and the rest of you do you have strict online protections? you are nodding yes. >> we do. >> yes we do. >> and the second question is that e-cigarettes are marketed as a smoking cessation tool but partly because we have not had final guidance from the fda. e-cigarettes are not approved by the fda as smoking cessation to all. isn't that correct? >> correct we do not market as smoking cessation. >> but they are not approved. >> right spent the next question i have a want to
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commend all of you for now realizing the extent of the problem of 5 million youth vaping and went to commend you all for trying to remove the marketing, but have you also tried to figure out ways that you can help contribute the smoking cessation programs to help them get off that highly addictive substance? >> but we already have millions of underage kids that have gotten addicted. you seem to be nodding. >> chairman, this is an important issue with the youth tobacco letter is a lot of significant money behind school schools.
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>> so you are actually trying to help the kids get off of nicotine? >> we are trying to make sure they don't get it in the first place with prevention and the question you are raising is important and we would be happy to engage. >> you don't have programs right now to help people get off of it. >> we are not. >> we would support any recommendations. >> but you are not aware of any programs you have now. >> would he be willing to consider something like that? >> yes. >> we are open to work through that as well but we have nothing specific right now. >> i will be honest. i was pleased that all of you admitted under oath that nicotine is addictive but i was extremely dismayed when i asked about the health
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problems of nicotine you are all extremely vague in your answers and seem to say you are doing studies right now because factually that it has been established that nicotine itself has severe health risks. i have two reports that i had the staff go get me while we were sitting here and there are surveys of the medical research. the surgeon general says that nicotine exposure during adolescence can cause addiction and harm developing brains but then it says if they get addicted then they are addicted and they can cross the placenta with fetal and postnatal development therefore nicotine developed can have multiple adverse consequences including sudden infant death syndrome and
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could result deficits of auditory processing processing in obesity and goes on to say e-cigarettes can expose users to several chemicals including nicotine carbon compounds known to have adverse health effects. the health effects are potentially harmful when they are heeded of the e-cigarette liquids including the intoxicants are not completely understood. it goes on to say e-cigarette aerosol is not harmless water vapor. bed the pediatric oncology in 2015's only five years ago we already knew this that nicotine causes several health hazards cardiovascular, respiratory gastrointestinal disorders and
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impacts on reproductive health. dna mutation et cetera so i asked the staff i hope that these studies in the record but i also asked them to make a copy to give to each of you because i thank you need to be aware that once these kids get addicted then the nicotine is also going to have lifelong impacts as long as they stay addicted. one last question. i appreciate that you have said t3 needs to get it right i appreciate you turning the page looking forward. you said for example the youth data on the mint you stopped shipping it because it was at
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an unacceptable level. here is my question to you. so that 2020 national youth tobacco survey does not show a decline in the rate of youth use of e-cigarettes despite all the efforts you and the companies and congress and the administration have taken raising the age to 21. would you then consider suspending the sales of all of your products and tell officials can't figure out how we can stop the youth epidemic? >> in just a few short months we will have our submittal with the fda have all the information to make that determination if it is appropriate and that is the process we think is best. >> i'm glad you are going to that process i'm glad everybody is but my question is, if the number of youth vaping does not go down with the efforts you have taken already would you stop
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marketing e-cigarettes until we figure out how to solve the epidemic? >> we have already stopped broadcast and digital marketing already. >> you are not prepared to go that far. >> we have taken serious actions to address this issue we are prepared to do more as we go on. >> but stopping sales all together? >> we are trying to preserve this opportunity for the millions of adults. >> but you don't want to answer my question. but i do want to thank you for coming and all of the witnesses for their participation in this hearing. we have a number of documents we want to put into the record your department representative duncan's article into the recor record. with a 2015 study, the letter to the committee from the national association, the new
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york times article and the 2016 surgeon general report on the dangers of nicotine i ask unanimous consent all of those are entered into the record. also to remind members that pursuant to committee rules they have ten business days to submit additional questions for the record to be answered by the witnesses and if they could answer those we would very much appreciate it. with that we are adjourned with that we are adjourned. [inaudible conversations]
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>> this weekend on book tv, our coverage of the writers festival starts. teachers authors include tara westover on her memoir " educated." the 2020 presidential election. and, author and political consultant franklin's on the 2020 -- frank luntz on the 2020 presidential election. 1:00overage continues at p.m. eastern on u.s. foreign policy with max boot and james follows. george packer, and robin wright. a look at the president in the media, with an l.a. times executive prevent -- editor. lynn cheney reflects on the bush administration.
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watch our coverage on the writers festival on saturday and at 1:00 p.m. eastern on sunday. be sure to watch our live coverage of the savannah book festival next saturday on book tv on c-span2. 75 years ago this month the united states, britain, and the to discuss a post world war ii europe. america," a documentary of the meeting. >> i come from the crimea conference with a firm belief we have made a good start on the road to a world of peace. never before have the major ,llies been more closely united not only in their war aims, but also in their peace aims. 4:30, we will talk with
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medal of honor recipient herschel williams recounts his experiences as a marine on iwo jima. >> the marines jumped up and started firing their weapons into the air, screaming and yelling. and i really thought that everybody had lost their minds for a second. i could not figure out what was going on, and then i caught on, and there wased old glory. >> this weekend explore our nation's past on america history -- american history tv on c-span3. monday, president trump holds a campaign rally in manchester, new hampshire. watch our campaign 2020 coverage live on c-span3, at, or with the free radio app.
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♪ >> c-span, your unfiltered view of government, created by cable in 1979 and brought to you by your television provider. and now you're watching american history tv. every weekend beginning at 8:00 eastham, -- every weekend on saturday beginning at 8:00 eastern we bring you programs of america's past. it is only on c-span3. during the presidential election year of 1976, the u.s. information agency made programs about the -- produced a series of programs about the election process for foreign audiences documenting the election to place 1976 in historical context. next, from march 12, 1976, the second episode in the series, election 1976, the primaries. three political analysts discussed the nominating process


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