Former Assistant ATF Director Criticizes FDA's Response to Chinese Vape Problem

The Floridian spoke to the former Assistant Director of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – Rich Marianos – concerning the rise of vape devices in American communities, especially vapes from China. These devices have infiltrated high schools and college campuses while appearing in the United States illegally from Asia. Marianos discussed this notion with us over the weekend.

In the state of Florida, these products have dominated the disposable vape market. Chinese-owned companies such as Elf Bar, Fume, and HQD accounted for over 85% ($355 million combined) of the market ($410 million) in 2023. Also, Florida has seen vape sales increase nine times compared to states such as New York.

None of these brands are FDA-approved.

In the first part of our interview with Mr. Marianos, he shared his perspective on the danger of illicit Chinese vapes. However, in the second part of the interview, he stressed what the federal government is (or isn’t) doing to combat this problem. He specifically called out the FDA’s Center for Tobacco Products Director, Dr. Brian King.

Marianos told The Floridian he’s frustrated with the lack of attention and resources allocated for this problem.

“The FDA and the Center for Tobacco Products – Dr. King – is fully aware of it. He testified just recently about it. But why isn’t there a full-court press? Why isn’t there a war on Chinese vapes and a war [for] protecting our kids? That is my biggest frustration,” said Marianos. “You see, Dr. Brian King, he gets on TV, or he gets in front of the politicians, and he says, ‘Oh, well, we’re working this really hard. We have a plan.’ And it was just this week when they specifically asked, what’s his plan? And he said, ‘Well, there’s a plan out there, I just don’t know it.’”

He also criticized Dr. King for his lack of knowledge surrounding the task force established to attack the vape problem.

“We Americans deserve better. And I’ll call ‘em like I see ‘em. He’s a political hack right now that does not take his job seriously, in my opinion … And in this case, when they ask Brian King, what do you need? He says he needs more money. More money for what if you don’t know what you’re doing? He’s not a cop, he’s not a law enforcement officer, and they’re not taking any action on these vape shops from a national standpoint,” said Marianos. “Now they’ll send you compliance letters to say, hey, get in compliance, or we’re going to come after you. But there’s no follow through.”

When asked about the federal government's lack of response to this problem, Marianos shared that the ATF has higher priorities than vapes, but it doesn’t mean other government agencies can’t walk and chew gum at the same time.

“In ATF, let’s be honest, we have to go after repeat offenders with guns, the bad guys that are out there, the shooters, the stickup men, the gun traffickers, is probably ATF number one priority. But nothing’s stopping the federal government from calling a timeout and saying, look, we realize that the Center for Tobacco Products and the FDA are completely ineffective. This is not their expertise. They don’t know what they’re doing about it,” said Marianos.

In June, the Justice Department and FDA announced a federal multi-agency task force to curb the distribution and sale of illegal e-cigarettes. Dr. King stated that an “All Government approach” was on the docket.

“Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Director Dr. Brian King. “This ‘All Government’ approach — including the creation of this new task force - will bring the collective resources and experience of the federal government to bear on this pressing public health issue.”