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Texas AG wants more enforcement on flavored e-cigarettes

Attorney General Ken Paxton joined a coalition that includes other state attorney generals wanting the FDA to strengthen enforcement on e-cigarettes.

AUSTIN, Texas — Texas' top law enforcement officer wants to see stricter enforcement around e-cigarette purchases. 

Attorney General Ken Paxton said the way things are handled now doesn't decrease e-cigarette use among underage citizens and creates ways for manufactures to get their product to teenagers. 

State law says you have to be 21 to buy e-cigarettes.

Paxton joined a bipartisan coalition of 26 attorneys general Friday, urging the Food and Drug Administration to strengthen its enforcement on e-cigarettes.

“The FDA has set forth guidelines that, while helpful, do not go far enough to protect our children from the heavily marketed allure of flavored electronic cigarettes,” Paxton said in a written statement. 

Paxton said more e-cigarrette use among the Texas youth has "grown exponentially" during the past few years. He said this leads many to have nicotine addiction as they grow up.

In November, WFAA followed a North Texas police department running a sting operation targeting retailers who sell e-cigarettes illegally to minors. The undercover cops caught a store who had sold the product to a minor multiple times.

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The FDA released guidance in January describing how the agency will prioritize e-cigarette enforcement resources, particularly against flavored, cartridge-based e-cigarettes. The only exception is tobacco or menthol-flavored products. 

Paxton said the guidance does not prioritize disposable products or refillable cartridge systems that are popular among youth. 

The bipartisan coalition also said the FDA’s decision to permit menthol products is a problem as manufacturers may mislabel their e-cigarette flavors.

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