ALBANY – Until April 1, Brian King served as director of the Center for Tobacco Products at the U.S. Food and Drug Administration, where his agency authorized the legal sale of nearly three-dozen vape products such as e-cigarettes that would be illegal under New York State law.
The next month, the University at Buffalo-schooled epidemiologist and former employee at Roswell Park Comprehensive Cancer Center was named executive vice president for U.S. programs at the Campaign for Tobacco-Free Kids, a health advocacy group. On Wednesday, King spoke at a news conference in the State Capitol calling for the state to clamp down on the storage and illegal sale of flavored vape products that he and other advocates say pose major risks to children – including some of the same products the FDA allowed to be sold under his tenure.
Asked why he was now supporting a crackdown on products that were exempt under his former agency, King sidestepped the question, saying he was there to talk about New York and not the FDA.
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“But I will say that FDA has the authority to authorize tobacco products for sale. It does not approve of tobacco products because there’s no safe tobacco products,” King said, adding that states are still allowed to take action.
Asked why exemptions were allowed while he was serving in his former role, King replied: “It’s not about me. It’s about New York…”
King, a native of the Rochester area, added: “Next question.”
Moments later, he said: “You’d have to ask the FDA.”
The FDA did not return a email seeking comment on Friday.
Illegal E-cigarettes
Director of the Food and Drug Administration's Center for Tobacco Products, Brian King, testifies before the Senate Judiciary Committee during a hearing on combating the rise of illegal electronic cigarettes, on Capitol Hill on June 12, 2024. Associated Press
King is the latest voice in a decadeslong history of competing interests battling over tobacco-related legislation in Albany, one which in recent years has been centered around vaping. Five years after the state banned the sale of flavored vape products such as e-cigarettes, various interests remain heavily engaged in the promotion or opposition of new proposed crackdowns on the products and their storage. Three of those interests alone have collectively spent more than $1 million on lobbying efforts to further their agendas since the start of 2024, according to data from the state's Commission on Ethics and Lobbying in Government or COELIG.
For instance, Altria Client Services, which was formerly known as Philip Morris, spent $629,922 last year on lobbying efforts involving four firms and itself to lobby on vape-related bills and other legislation in Albany. It has spent $209,622 this year. In 2024, the American Heart Association spent $101,744 to lobby on vape-related bills and other proposals. It has spent $55,332 this year. The Tobacco-Free Kids Action Fund, part of King's current group, spent $75,500 last year and at least $12,000 so far this year.
"Although important strides have been made to date, more can and should be done," said King, who worked as a research affiliate in the Division of Cancer Prevention and Population Sciences at Roswell Park. "There are no redeeming aspects of these products among kids. E-cigarettes contain nicotine, which is highly addictive. It can also harm the adolescent brain and it can prime the brain for addiction to other drugs."
New York outlawed flavored vape products in the 2020 state budget, but it contained a provision that allowed vape products to be sold if they receive a “Premarket Tobacco Product Authorization” order from FDA. At the time, tobacco industry lobbyists were pushing to get an exception for menthol. King was leading the FDA's Center for Tobacco Products between 2022 and April 1, when he was removed from his position by the Trump administration.
King backed a bill sponsored by Assembly Member Linda Rosenthal and Sen. Brad Hoylman-Sigal, both Manhattan Democrats, that would remove the FDA exemption, which the sponsors call a potential loophole. They argued, in a memo of support for their bill, that some retails have illegally stocked flavored products in back rooms in violation of the 2020 law.
"In some instances, health officials have been unable to gain access to all areas of the store during an inspection," the memo said. "By hindering the health department's ability to confirm compliance, bad actors have been able to continue to sell flavored products."
The bill, which has made it to the Senate floor, remains in the Assembly's Health Committee.
Shanequa Charles, executive director of Miss Abbie's Kids, a nonprofit youth organization, said at the news conference that illegally flavored e-cigarettes still account for roughly one-third of e-cigarette sales in New York.
"This is outrageous," she said. "These products are not new, but the vaping and the tobacco industry have found new ways to exploit enforcement loopholes to continue selling illegal e-cigarettes. The vaping epidemic hasn't ended and we're nowhere near it."
Opponents included the New York Association of Convenience Stores, which sent a memo of opposition noting that the PMTA exception requires scientific data to show that the product is appropriate for the protection of public health.
"Eliminating the exemption disregards both federal oversight and scientific evidence," the memo said. "New York State is already considered one of the most challenging environments for small businesses due to the sheer volume of regulatory burdens. This legislation does nothing to address youth use directly and will only add more red tape and penalties, making it even harder for small, responsible retailers to survive."
Rosenthal and Hoylman-Sigal have a separate bill to ban nicotine pouches. That bill, which is in the health committees of both houses, has drawn opposition from the state's Business Council. It argued that the bill would create a barrier to quitting smoking and hurt the economy. Yet another related bill, sponsored by Assembly Member Michaelle Solages, D-Elmont and Sen. Leroy Comrie, D-Queens, to allow the state's tax department to impose enhance fines and greater enforcement of the 2020 law and allow taxation at the distribution level.
The legislation session continues through June 12 – and could extend for a few more days.
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