WASHINGTON, D.C. – Following new data from the 2014 National Youth Tobacco Survey (NYTS) showing that millions of children and teens are using flavored tobacco products, U.S. Sen. Sherrod Brown (D-OH) today renewed efforts to keep tobacco products out of youth’s hands. According to data released by the Centers for Disease Control and Prevention (CDC), 3.26 million youth tobacco users had used at least one flavored tobacco product in the last 30 days. While current law prevents companies from flavoring cigarettes, items like cigars and e-cigarettes are available in flavors and their use has been on the rise. The Food and Drug Administration (FDA) has not yet finalized deeming regulations that would give the agency the same regulatory power it has over cigarettes to other unregulated tobacco products, like e-cigarettes and hookah – which are often marketed in flavors that are appealing to youth.

“Today’s report is alarming. While FDA delays regulations on e-cigarettes, more children and teenagers are becoming addicted,” said Brown. “This report – coauthored by the very agency that has the power to regulate these products – should serve as a strong reminder should that these regulations are long overdue. Our country has come a long way on tobacco products – we’ve banned the marketing of cigarettes to children, we’ve prohibited their sale to minors, and we’ve helped people find ways to quit once they are hooked. But we need to do more to keep people from becoming addicted in the first place.”

Brown has repeatedly urged the Obama Administration to finalize tobacco deeming regulation that would give the agency the same regulatory authority it has over cigarettes to currently unregulated products like e-cigarettes and hookah.

According to CDC, e-cigarette use increased from 4.5 percent in 2013 to 13.4 percent in 2014 among high school students, and from 1.1 percent in 2013 to 3.9 percent in 2014 among middle school students. The FDA’s proposed rule was released more than one year ago – on April 25, 2014 – but has not yet been finalized. In March and June of this year, Brown sent letters to U.S. Department of Health and Human Services Secretary Sylvia Matthews Burwell urging her to finalize these rules. Brown has also introduced legislation to close loopholes in the tax code that allow the tobacco industry to avoid paying taxes on their products. The Tobacco Tax Equity Act would simplify and equalize taxes on all tobacco products, including existing products that currently fall into loopholes as well as new products like e-cigarettes.

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