Senate HELP Questions Dr. Makary on Illegal Vapes

On March 6, 2025, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on the nomination of Dr. Martin Makary to serve as the Commissioner of the U.S. Food and Drug Administration (FDA). Among the many topics addressed, Sen. Ashely Moody (R-FL) took an opportunity to address the influx of foreign vape products into the U.S. market. During her questioning, Sen. Moody discussed the thousands of PMTAs still unprocessed by the FDA, as well as “illegal vapes” flooding the market from China, and specifically stating, “So whoever comes in as the head of FDA, this is one of your problems you have to address immediately.”

In response, Dr. Makary recognized the influx of products, as well as the fact that we are unsure what is in them, and the public health risk associated with foreign products. He stated that there are “a few things the FDA can do to try to address this problem,” and focused specifically on a collaboration with the Department of Justice (DOJ) and law enforcement to address the incoming products. The Senate HELP Committee is scheduled to meet on March 13, 2025, to vote on Makary’s nomination.