FDA Commissioner Ned Sharpless gives testimony before House subcommittee
On Wednesday, FDA Commissioner Ned Sharpless testified before a U.S. House Energy and Commerce Subcommittee on FDA Regulation of Electronic Nicotine Delivery Systems and Investigation of Vaping Illnesses.
During his testimony Sharpless said,”Working with state partners, FDA and CDC have been investigating an outbreak of severe lung injury associated with the use of vaping products.”
Sharpless immediately brought THC squarely to the center of the epidemic in his second full sentence after introductions, “Most cases have reported recent use of vaping products containing THC, the psychoactive ingredient in marijuana. Although these cases seem similar, it is not clear if they have a common cause, or if they have differing pathogenesis with similar presentation. The investigation has not identified any specific substance or product that is linked to all cases.”
Sharpless proceeded to discuss elements of the investigation and methodolgy, but again singled out “THC and other cannabinoids.” Sharpless’ statement appeared to lump THC and cannabinoids in with opiods, pesticides, cutting agents, and toxins.
The comment in full appears to exude bias – regardless of intent.
“The FCC is using state-of-the-art methods to assess the presence of a broad range of chemicals including nicotine; THC and other cannabinoids; opioids; cutting agents and other additives; pesticides, and toxins.”
Sharpless continued,”FDA is not pursuing any actions associated with personal use of any vaping products, our interest is in the suppliers. But to be clear, if we determine that someone is manufacturing or distributing illicit, adulterated vaping products that caused illness and death for personal profit, we would consider that to be a criminal act. Because many of the products associated with cases contain THC oils, we have engaged the DEA to help with our investigation.”
Sharpless then turned his attention to social media influencers and Electronic Nicotine Delivery Systems. (ENDS)
“We collaborated with the Federal Trade Commission to remove kid appealing products from the market, and pursued ENDS manufacturers employing unlawful online posts by social media influencers. Most recently, we issued a warning letter to JUUL Labs Inc. for marketing unauthorized modified risk tobacco products, including in a presentation to children given at a school.”
Sharpless then explained that FDA data lead to the proposed restriction of flavored ENDS, “In particular, these data show that more than a quarter of high school students were current e-cigarette users in 2019 and youth e-cigarette users cited fruit and menthol/mint flavors as being the most popular.”
Sharpless pointed to the preexisting ban for flavored additive restrictions that apply to the tobacco industry and stated that “FDA is not ‘banning’ flavors, as has been described in some news reports. Rather, FDA intends to enforce existing law that limits the marketing of such products.”
In whole Sharpless’ testimony offered little new information and in part reads less like an accomplished physician or more like a briefing prior to medical cannabis becoming accepted in over 30 states and territories.
While Sharpless took the time to put THC and cannabis vaping in the spotlight of a national stage it appears he willfully neglected to mention what appears to be the true root cause of the vaping epidemic; illicit sales in unregulated markets, as they were never discussed in his account.