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  • JUDY WOODRUFF: The U.S. Food and Drug Administration today issued its toughest crackdown yet on

  • the makers of electronic cigarettes.

  • These vaping devices have become increasingly popular with young people.

  • And, as William Brangham reports, the FDA told manufacturers they have two months to

  • prove they can keep their e-cigarettes out of the hands of minors.

  • WILLIAM BRANGHAM: In announcing its action today, the FDA said the use of e-cigarettes

  • among young people had hit -- quote -- "an epidemic proportion."

  • It's illegal for anyone under 18 to buy any tobacco or nicotine products, including these

  • e-cigarettes.

  • In a moment, I will talk with the head of the FDA, Dr. Scott Gottlieb.

  • But, first, to give you a sense of what these e-cigarettes are and how kids are using them,

  • here's an excerpt from a report special correspondent Kavitha Cardoza of Education Week did two

  • months ago at a high school in Connecticut.

  • KAVITHA CARDOZA: Fran Thompson, the principal of Jonathan Law High School, opens what he

  • calls his vaping drawer.

  • FRAN THOMPSON, Principal, Jonathan Law High School: These are some of the items that we

  • have confiscated this week.

  • KAVITHA CARDOZA: The items are all e-cigarettes.

  • The most popular brand by far is called Juul.

  • FRANCIS THOMPSON: This is a Juul.

  • I know it looks like a flash drive, right?

  • So, the liquid goes in here.

  • KAVITHA CARDOZA: Basically, they're devices that heat up a liquid, often nicotine, and

  • you inhale the vapor.

  • FRANCIS THOMPSON: And then they smoke it, they vape it.

  • KAVITHA CARDOZA: Kids can hide them anywhere.

  • ZANE BERKS, Student: Their socks, their backpacks, their pockets, their wallets, their bras,

  • back pockets, everywhere.

  • EMMA HUDD, Student: Anywhere, yes, because they're so small.

  • KAVITHA CARDOZA: Students Zane Berks and Emma Hudd say that's part of a Juul's popularity.

  • EMMA HUDD: It's a lot easier than smoking a cigarette or drinking.

  • People do it in class all the time.

  • And kids like that it's sneaky and that they're getting away with it, because it gives you

  • that, like, rebellion.

  • FRANCIS THOMPSON: Are you really writing about Christopher Columbus?

  • I have athletes doing it.

  • I have honors kids doing it.

  • There's absolutely no stereotype in terms of the spectrum of who would be doing this.

  • KAVITHA CARDOZA: That makes this school in Milford, Connecticut, typical.

  • Juuling, as it's called, has spiked all over the country among youth.

  • But, unlike alcohol or cigarettes, often, parents aren't even sure what it is.

  • Parent Liz Goodwin has two teenagers in this school.

  • She found nicotine liquid pods in their pockets while she was doing laundry.

  • LIZ GOODWIN, Mother: When I found the pods, I Googled it and looked for it, and I couldn't

  • find anything.

  • I just had a photo of it and tried to describe it, and what is this?

  • And then I saw the amount of nicotine.

  • It's the equivalent of one pack of cigarettes.

  • I also understood some of my adult friends used e-cigarettes as a way to get off of smoking,

  • so I didn't know how dangerous it was.

  • FRANCIS THOMPSON: I will show you what was going on.

  • KAVITHA CARDOZA: Principal Thompson says his aha moment was in the bathroom.

  • FRANCIS THOMPSON: So, your typical high school bathroom, right?

  • KAVITHA CARDOZA: Brings back memories.

  • FRANCIS THOMPSON: Just like watching "Grease," right?"

  • But what was happening was you might have five or six kids hanging out in here with

  • the door closed and vaping.

  • KAVITHA CARDOZA: Suchitra Krishnan-Sarin Runs the Yale Tobacco Centers of Regulatory Science

  • at Yale University.

  • She says the flavors are a big part of e-cigarettes' popularity.

  • They sound playful and harmless, mango, mint, cotton candy, blueberry pie.

  • SUCHITRA KRISHNAN-SARIN, Yale University: These products come in over 7,000 different

  • flavors.

  • And they can also mix and match to create their own, which, again, introduces a sense

  • of novelty.

  • KAVITHA CARDOZA: But the vapors inhaled has been found to contain lead, zinc, chromium

  • and nickel.

  • And Krishnan-Sarin says nicotine, the main liquid in these devices, is extremely addictive

  • and can cause memory and attention loss, especially in the developing teenage brain.

  • WILLIAM BRANGHAM: That was from a report by special correspondent Kavitha Cardoza.

  • In its warning today, the FDA told the four main manufacturers of e-cigarettes that if

  • they can't prove within 60 days that they can keep these devices out of the hands of

  • kids, the FDA would consider taking them off the market totally.

  • The FDA also sent over 1,000 warning letters to retailers that sell them, places like drugstores

  • and gas stations.

  • For more on today's action by the Food and Drug Administration, I'm joined by the head

  • of that agency, FDA Commissioner Dr. Scott Gottlieb.

  • Commissioner, thank you very much for being here.

  • Could you just explain to me?

  • This clearly seems like an escalation on the FDA's part today.

  • Why today?

  • Why now?

  • DR.

  • SCOTT GOTTLIEB, FDA Commissioner: Well, what we have access to right now is data that demonstrates

  • to us that there's nothing short of an epidemic of use among teenagers.

  • We knew use was rising among high school teenagers, among young people, kids.

  • But we now have access to some preliminary -- preliminary data that we will make public

  • pretty soon that shows that this is nothing short of an epidemic of use.

  • And we feel we need to step in with dramatic action to try to curtail that use.

  • Unfortunately, we do see these e-cigarettes as a viable alternative for adult smokers

  • to migrate off of combustible tobacco on to products that might not have all the risks

  • associated with them of smoking.

  • But, unfortunately, in order to close the on-ramp for kids, we're now going to have

  • to take some actions that we think are going to narrow the off-ramp for adults.

  • And that's a trade-off that we have to make based on what we're seeing in the market right

  • now.

  • WILLIAM BRANGHAM: So you mentioned this, an epidemic level of use among kids.

  • As a physician and as the head of the FDA, can you just sketch out for me, what do you

  • see as the main health problems with kids using these products?

  • Dr. SCOTT GOTTLIEB: Well, there's multiple problems.

  • First of all, we know that nicotine has direct effects on the developing brain.

  • So, nicotine in a child is not -- not harmless.

  • It's not a benign substance.

  • But, also, if we see the trend and use that we're seeing right now, that's creating a

  • massive pool of young people who are becoming habituated on and addicted to nicotine, and

  • some component of those young people are going to migrate on to combustible tobacco products.

  • So if you believe, as we do, that no child should be using any tobacco product -- and

  • we certainly don't want to see a new generation of young people and kids become addicted to

  • nicotine and start smoking -- this pool of users of e-cigarettes -- and it's a pool that's

  • growing very sharply, based on the data that we have -- represents risk for the future

  • that some component of these kids are going to migrate onto cigarettes and ultimately

  • become long-term smokers, with all the health effects that come from that.

  • WILLIAM BRANGHAM: So you have told the manufacturers, you guys have 60 days to prove to us that

  • you can keep these out of kids' hands.

  • Let's say the manufacturers fail to meet that test.

  • What happens then?

  • DR.

  • SCOTT GOTTLIEB: Well, what we said today is we're actively looking at removing from the

  • market the flavored products.

  • We believe that one of the -- one of the aspects of these products that makes them appealing

  • to kids are the flavors.

  • And some of those flavors come in fruity flavors and other kinds of flavors that we think are

  • increasing the appeal of these products to kids.

  • And so, right now, those products remain on the market because the agency allows them

  • to remain on the market under what we call an exercise of enforcement discretion.

  • We haven't required the manufacturers to file applications to prove that those flavors actually

  • have a net public health benefit.

  • But we have the ability to do that.

  • We have the legal authority to do that.

  • So what we would do is tell the manufacturers that the flavors need to come off the market,

  • and if they want to reintroduce the flavored products onto the market, they will have to

  • file successful applications with the FDA that demonstrate that the existence of flavors

  • provide a net public health benefit, that the benefits of flavors in terms of helping

  • adult smokers quit combustible tobacco outweigh the risk that it's going to also appeal to

  • young people and get a -- get a kid hooked on an e-cigarette.

  • WILLIAM BRANGHAM: So the FDA wouldn't be necessarily taking these products completely.

  • You would be taking specifically the ones that have fruity flavors, candy flavors, dessert

  • flavors, that it seems to me you're arguing those appeal particularly to kids?

  • DR.

  • SCOTT GOTTLIEB: Well, the bottom line is all options are on the table.

  • And if the trends in use that we're seeing right now continue, we're going to have to

  • take even more dramatic actions.

  • We think right now we can step into this market with a combination of enforcement actions

  • against the places that we know kids are getting access to these products, which includes retail

  • establishments that are selling them without putting proper restrictions in place or without

  • carding minors, as well as the online sites, where we think that there are a straw purchases

  • being made, where -- where someone's going online, buying a lot of these products, and

  • then reselling them to kids.

  • But the other action we would take immediately is look at removing these flavored products

  • in the market.

  • If we don't think that those actions are sufficient to try to curtail the scope of use that we're

  • now seeing among kids, we're willing to step into the market and take even more dramatic

  • action.

  • Now, I will say we do think the e-cigarettes offer a viable alternative for adult smokers.

  • So we don't want to -- we don't want to extinguish this opportunity entirely, because we do see

  • some potential benefit from having these products on the market as a way for adult smokers to

  • get access to nicotine, without all the harmful effects of combusting tobacco.

  • But it's going to have to come, I think, going forward with some additional limitations on

  • the availability and the types of products being marketed in order to stem what we're

  • seeing as an epidemic of use among kids.

  • WILLIAM BRANGHAM: JUUL Labs, which is one of the main manufacturers of these e-cigarettes,

  • several months ago, they said, we're going to put $30 million into a campaign to keep

  • these-cigarettes out of kids' hands.

  • They said that they supported the idea of raising the national age to 21 for these products.

  • They put out a conciliatory statement supporting what you did today.

  • But, clearly, you don't think the manufacturers have done enough thus far.

  • DR.

  • SCOTT GOTTLIEB: Well, look, I'm measuring what the manufacturers are doing and, frankly,

  • what we're doing based on the results, based on the data that we're seeing.

  • And the data that we're seeing is showing that the proportion of teenagers and high

  • school students using these products is growing at a very fast clip.

  • Ultimately, that's going to be the measure that I judge the manufacturers and I judge

  • our own success by.

  • That's what I'm looking at.

  • WILLIAM BRANGHAM: All right, Dr. Scott Gottlieb, commissioner of the FDA, thanks very much.

  • DR.

  • SCOTT GOTTLIEB: Thank you.

JUDY WOODRUFF: The U.S. Food and Drug Administration today issued its toughest crackdown yet on

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