Letter to Commissioner Califf and Chairman Kaye - Take Immediate Steps to Protect Americans From Potentially Dangerous Electronic Cigarettes

Letter

I write to ask the Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC) to take immediate steps to protect Americans from potentially dangerous electronic cigarettes. Several recent incidents of exploding e-cigarettes raise serious alarm regarding the safety of these devices. As agencies dedicated to ensuring the health and safety of Americans, the FDA and CPSC must act quickly and prevent more people from experiencing unnecessary harm.

According to the FDA, between 2009 and September of 2015, there were 92 incidents of overheating, fire or explosion in e-cigarettes in the United States. The FDA report cited 45 incidents injuring 47 people and 67 incidents involved property damage beyond the product. Most recently in New York, a young off-duty Bronx EMT suffered second-degree burns on his thigh and right hand when his e-cigarettes exploded in his pocket while driving. In November, a video recording of an employee at Grand Central Station shows an e-cigarette exploding in his pocket and catching his clothes on fire, burning his skin. These cases are only a few of several that have landed people in the hospital, some causing lasting harm.

In May 2016, the FDA released a final rule outlining the agency's authority to regulate e-cigarettes. The rule included language stating that the component parts used to ensure device functionality would also be under FDA authority which include the batteries that power these devices. Several reports suggest that the batteries used in e-cigarettes are to blame for a number of the explosions and fires that have occurred across the country. Until the ultimate cause of these hazardous events has been identifying and rectified, the FDA and CPSC must consider an appropriate response to prevent continued harm to consumers.

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