Hemmerich Natalie, Klein Elizabeth G, Berman Micah
Ohio State University.
J Health Polit Policy Law. 2017 Aug;42(4):645-666. doi: 10.1215/03616878-3856121. Epub 2017 May 8.
Electronic Nicotine Delivery Systems (ENDS) were introduced into the US market in 2007, and until recently these devices were unregulated at the federal level. In 2014, the US Food and Drug Administration (FDA) published a Notice of Proposed Rulemaking asserting its intention to regulate ENDS and requesting public comments on numerous related issues, including potential limits on the sale of flavored ENDS. This article analyzes key comments submitted to the FDA on the issue of flavor regulation in ENDS and examines the weight and credibility of the evidence presented by both supporters and opponents of regulation. It also describes the final deeming rule, published in May 2016, and the FDA's response to the evidence submitted. This is the first study to examine public comments submitted to the FDA's Center for Tobacco Products, and it concludes that opponents of regulation were more likely to rely on sources that were not peer reviewed and that were affected by conflicts of interest. In light of these findings, the FDA and the research community should develop processes to carefully and critically analyze public comments submitted to the FDA on issues of tobacco regulation.
电子尼古丁传送系统(ENDS)于2007年进入美国市场,直到最近这些设备在联邦层面都未受到监管。2014年,美国食品药品监督管理局(FDA)发布了一份拟议规则制定通知,宣称其有意对ENDS进行监管,并就众多相关问题征求公众意见,包括对调味ENDS销售的潜在限制。本文分析了就ENDS调味监管问题提交给FDA的关键意见,并审视了支持和反对监管的各方所提供证据的分量和可信度。文章还描述了2016年5月发布的最终认定规则以及FDA对所提交证据的回应。这是第一项审视提交给FDA烟草制品中心的公众意见的研究,研究得出结论,监管的反对者更有可能依赖未经同行评审且受利益冲突影响的来源。鉴于这些发现,FDA和研究界应制定流程,仔细且批判性地分析就烟草监管问题提交给FDA的公众意见。