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Illegal vapes are flooding the market and the government is scrambling

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Millions of American youth are hooked on nicotine—and politicians tore into top public health officials during a contentious hearing Wednesday on the meteoric rise of illegal e-cigarettes.

Particularly, the senators blamed the Food and Drug Administration (FDA) and the Department of Justice (DOJ) for not enforcing the Tobacco Control Act, which authorizes federal agencies to regulate tobacco products.

“While these two agencies sit on their hands, during both the Trump and Biden administrations, e-cigarette companies addicted a new generation of children to nicotine, erasing the hard work so many of us did to convince them not to smoke tobacco cigarettes, and ultimately save their lives,” Judiciary Chairman Dick Durbin (D-IL) said during his opening remarks. 

Frustration was a bipartisan emotion during the hearing, where senators yelled, pointed, and cursed in their questioning. Much of the anger pointed toward a flood of illegal disposable vapes from China, which come in flavors and colors attractive to youth

Twice as many high school and middle school students are using e-cigarettes than adults, Durbin said during the hearing. The disposable vapes, which come in flavors like blueberry ice and watermelon bubble gum, don’t fulfill their marketed promise of helping existing smokers cease, but rather pull in a new crowd of vapers, he added. 

Key to Durbin’s ire was a missed deadline. The FDA was required to complete a review of every product on its docket by September 9, 2021, via a court order from the District Court of Maryland. After the deadline passed, the FDA could have ordered every unauthorized e-cigarette off the market, but it didn’t. 

“Instead, these unauthorized e-cigarettes flooded the market, designed to and effectively addicting millions of young Americans,” Durbin said. 

‘How is that allowed to happen?’

In the last three years, 2.1 million children have picked up vaping, according to a study by the NIH. As proof, Durbin trotted out an enlarged photograph of a selection of vapes at a smoke shop less than a mile away from the FDA’s Maryland  headquarters. 

““These illegal products, clearly designed for children by their flavors, are being sold in the shadow of FDA’s building,” Durbin said. “How is that allowed to happen?”

Brian King, the director of the FDA’s Center for Tobacco Products, blamed the lack of enforcement on a massive backlog of applications that tobacco products have submitted for FDA approval—27 million applications, as of this week. 

FDA approval for tobacco products is extraordinarily rare – the agency has only approved one-thousandth of one percent of all e-cigarette applications it has received, and none in two years, Sen. Thom Tillis (R-N.C.) said during the hearing. Only 23 vape products are considered FDA approved and legal: all other products, including established giants such as Juul, are being sold illegally, he said. 

However, these products are thriving in the market, a point which prompted a heated exchange between Deputy Assistant Attorney General Arun Rao, representing the justice department, and Durbin.

“Mr. Rao, are these tobacco company lawyers beating you to death, to the point where you don’t enforce the law as it is written?” Durbin snarked. “You call this an urgent need. What is urgent about waiting three years and doing nothing?”

Rao replied that the executive branch is signaling aggressive enforcement, but Durbin cut him off. 

“I’m sorry, I’m against signals,” Durbin said. “Do something!” 

Rao said that the department stood ready to fine unlawful tobacco companies and had begun seizing illicit products—but Durbin cut him off again. 

“You’re failing!” Durbin said, pointing to the photograph of the Maryland smoke shop’s disposable vape selection. “Within a mile of the FDA, there’s evidence of your failures.” 

High school student Josie Shapiro also spoke during the hearing, testifying about the effects nicotine addiction had on her. She started vaping when she was 14 years old.

“The effect that nicotine had on my mind was intense and scary,” she said. “I felt completely helpless, out of control and alone.”

New task force

The hearing comes during a busy week for the FDA’s tobacco regulators. On Monday, the agency announced a multi-agency task force to combat the meteoric rise of illegal e-cigarettes.

Four other federal agencies will be involved in the task force, including the Federal Trade Commission (FTC) and the U.S. Postal Inspection Service. 

Tillis called the creation of the task force a “political stunt,” and said that the exclusion of Customs and Border Protection makes it “crystal clear” that the FDA is not serious about enforcing laws against e-cigarettes. (The state he represents, North Carolina, is the U.S.’ largest tobacco producer.)

The criticism comes amid a war that King has almost single-handedly been battling against an influx of illegal flavored disposable vapes. 

Of the youth who currently use e-cigarettes, 90% use flavored products, with popular brands such as Elf Bar and Esco Bar dominating the market, according to 2023 FDA data. 

Beyond teens, disposable vapes have also dominated the young adult market. One-third of British 18-to-24-year-olds adults are hooked on nicotine, with research suggesting that the disposable vapes created a market among young people who wouldn’t have otherwise smoked. 

The FDA has attempted to impose import bans on these products; however, vape companies maneuver around the orders with ease. For example, Shenzhen iMiracle, the privately owned Chinese company that manufactures fan-favorite Elf Bar, simply changed the name of the product when regulators cracked down. Now, you can purchase “EB Create” products in flavors such as orange creamsicle and watermelon ice. 

Shenzhen iMiracle generated around $3.5 to $4 billion last year from EB Create, Elf Bar, Lost Mary, and other e-cigarette products, while brick-and-mortar sellers retained 30% of their profits from the brand. 

To date, the FDA has issued a number of warning letters to domestic manufacturers of vapes, in addition to the import bans. However, the inclusion of the U.S. Postal Inspection Service in the new task force signals that the federal government is ready to take a stronger stance against illegal vape imports. 

Juul Labs comes back to market

The government’s announcement comes only a few days after the FDA rescinded its marketing ban on Juul Labs.

It has been nearly two years since the federal health agency ordered Juul’s e-cigarettes and vaping products off the market. At the time, the FDA said that Juul “lacked sufficient evidence” and had “conflicting data” that its products were appropriate for the protection of public health. 

Juul has continuously argued that its products help smokers quit cigarettes, though several public health organizations, such as the American Lung Association, have long disputed their effectiveness. 

Two weeks after the marketing ban, in July of 2022, the FDA “administratively stayed” the ban, meaning that it suspended, but did not rescind the order.

That meant Juul was back on the shelves, but the damage to the company was already done. Its valuation plummeted, and the company laid off hundreds of employees to avoid bankruptcy. 

The FDA will now place Juul products back under scientific review, a kind of purgatory where thousands of e-cigarettes and vapes await approval.

Senator John Cornyn (R-Texas) said that it amazed him that U.S. vaping companies – such as Juul – faced “kafkaesque” bureaucracy, navigating complex litigation and changing regulation.

“Meanwhile, these Chinese vapes make $3 billion a year advertising directly to American citizens. Is that accurate?” Cornyn asked, which King affirmed. 

Cornyn said he looked forward to working with Durbin on upcoming legislation to address the “outrageous” status quo. 



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Recession indicator is close to sounding the alarm as unemployment rises

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While unemployment is still historically low, its rate of increase could be a sign of deteriorating economic conditions. That’s where the so-called Sahm Rule comes in.

It says that when the three-month moving average of the jobless rate rises by at least a half-percentage point from its low during the previous 12 months, then a recession has started. This rule would have signaled every recession since 1970.

Based on the latest unemployment figures from the Labor Department’s monthly report on Friday, the gap between the two has expanded to 0.43 in June from 0.37 in May.

It’s now at the highest level since March 2021, when the economy was still recovering from the pandemic-induced crash.

The creator of the rule, Claudia Sahm, was an economist at the Federal Reserve and is now chief economist at New Century Advisors. She has previously explained that even from low levels a rising unemployment rate can set off a negative feedback loop that leads to a recession.

“When workers lose paychecks, they cut back on spending, and as businesses lose customers, they need fewer workers, and so on,” she wrote in a Bloomberg opinion column in November, adding that once this feedback loop starts, it is usually self-reinforcing and accelerates.

But she also said the pandemic may have caused so many disruptions in the economy and the labor market that indicators like the Sahm Rule that are based on unemployment may not be as accurate right now.

A few weeks ago, however, Sahm told CNBC that the Federal Reserve risks sending the economy into a recession by continuing to hold off on rate cuts.

“My baseline is not recession,” she said on June 18. “But it’s a real risk, and I do not understand why the Fed is pushing that risk. I’m not sure what they’re waiting for.”

That came days after the Fed’s June policy meeting when central bankers kept rates steady after holding them at 5.25%-5.5%—the highest since 2001—since July 2023.

The Fed meets again at the end of this month and is expected to remain on hold, but odds are rising that a cut could happen in September.

Sahm also said last month that the Fed Chair Jerome Powell’s stated preference to wait for a deterioration in job gains is a mistake and that policymakers should instead focus on the rate of change in the labor market.

“We’ve gone into recession with all different levels of unemployment,” she explained. “These dynamics feed on themselves. If people lose their jobs, they stop spending, [and] more people lose jobs.”

Meanwhile, Wall Street has had a more sanguine view of the economy, citing last year’s widespread recession predictions that proved wrong as well as the AI boom that’s helping to fuel a wave of investment and earnings growth.

Last month, Neuberger Berman senior portfolio manager Steve Eisman also pointed to the boost in infrastructure spending.

“We’re just powering through, and I think the only conclusion you can reach is that the U.S. economy is more dynamic than it’s ever been in its history,” he told CNBC.

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Joe Biden rejects calls to quit presidential race as clamour grows for his exit

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Joe Biden faced a growing clamour among Democrats to drop out of the 2024 presidential race on the weekend despite stepped-up public appearances aimed at proving he is mentally fit to take on Donald Trump.

Biden has two campaign events in the swing state of Pennsylvania on Sunday after a high-stakes primetime interview on Friday night failed to reassure fellow Democrats panicked by the 81-year-old’s shaky debate performance last week.

“It’s the worst possible outcome,” one veteran Democratic operative told the Financial Times after Biden’s interview aired on ABC News. “Not nearly strong enough to make us feel better, but not weak enough to convince Jill [Biden] to urge him to pull the plug.”

David Axelrod, the architect of Barack Obama’s successful 2008 presidential campaign, warned after the interview that Biden was “dangerously out-of-touch with the concerns people have about his capacities moving forward and his standing in this race”.

The roll call of Democrats calling for Biden to withdraw was joined on Saturday by Angie Craig, a House member from a swing district in Minnesota.

“President Biden is a good man & I appreciate his lifetime of service,” Craig wrote on social media platform X.

“But I believe he should step aside for the next generation of leadership. The stakes are too high.”

NBC News reported that the Democratic leader in the House, Hakeem Jeffries, was set to discuss the president’s candidacy among colleagues on Sunday.

Throughout the roughly 20-minute interview on ABC, Biden rejected opinion polls that show him trailing Trump both nationwide and in the pivotal swing states that will determine the election outcome.

“I don’t think anybody is more qualified to be president or win this race than me,” Biden said.

The president also dodged questions about whether he would be willing to undergo cognitive and neurological testing, at one point replying: “I have a cognitive test every single day, every day I have that test.”

Biden added: “You know, not only am I campaigning, I am running the world . . . for example, today, before I came out here, I am on the phone with the prime minister of, well anyway, I shouldn’t get into the detail, with Netanyahu, I’m on the phone with the new prime minister of England.” The president appeared to be referencing a call he had on Thursday with Israeli Prime Minister Benjamin Netanyahu, and another on Friday with new UK Prime Minister Sir Keir Starmer.

In another exchange, Biden appeared to suggest that nobody would be able to convince him to suspend his re-election bid, saying: “If the Lord almighty tells me to, I might do that.”

“It seems that the only person who still believes Biden should still be in the race is Biden,” said one top Democratic donor. Another Democratic donor called the interview “pathetic”, while another said it was “too little, too late”.

Many Democratic lawmakers, party operatives and influential donors have privately called for Biden to suspend his re-election campaign after last week’s debate reignited questions about the president’s age and fitness for office. But more critics have been willing to go public with their concerns in recent days.

Maura Healey, the Democratic governor of Massachusetts, became the first state governor to suggest Biden step aside on Friday. Healey was among governors who met the president for emergency talks at the White House this week.

She issued a statement urging him to “listen to the American people and carefully evaluate whether he remains our best hope to defeat Donald Trump”.

Meanwhile, the Washington Post reported on Friday that Mark Warner, a senator from Virginia, was working to assemble a group of Democratic senators to ask Biden to exit the race. A spokesperson for Warner did not respond to a request for comment.

Earlier on Friday, Biden delivered a defiant speech in Wisconsin, a swing state, telling a crowd of supporters that he would not bow to the mounting pressure on him to quit.

“Let me say this as clearly as I can: I’m staying in the race. I’ll beat Donald Trump.”

Reporters travelling with Biden noted several people standing outside the venue where he spoke in Wisconsin holding signs urging him to “bow out” and “pass the torch”. Another sign read: “Give it up, Joe.”

His campaign on Friday said it would spend another $50mn on advertising in the month of July, including for ad spots that would run during this month’s Republican National Convention and the Olympics.

Biden’s vice-president Kamala Harris, California governor Gavin Newsom and Michigan governor Gretchen Whitmer — all seen as possible candidates should Biden step aside — have remained publicly loyal to the president’s campaign. At a July 4 celebration at the White House on Thursday evening, Biden joined hands with his vice-president as some people in the crowd chanted, “four more years”.

But other prominent Democrats are more reluctant to share the stage with the president. When Biden visited Wisconsin on Friday, he was joined by the state’s Democratic governor, Tony Evers — but not Tammy Baldwin, the state’s Democratic senator, who is polling far ahead of the president.

The latest FiveThirtyEight polling average shows Trump leading Biden by just shy of two points in Wisconsin.

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‘No task is beneath me’

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A good leader can’t be afraid to get their hands dirty, according to Nvidia CEO Jensen Huang.

Long before he co-founded the computer chip giant, which is currently worth more than $3.1 trillion, Huang was a teenaged busboy working at Denny’s. Years later, he would hatch the idea for Nvidia with his co-founders in a booth at the same Denny’s where he’d once cleared tables, washed dishes and even cleaned toilets.

Despite boasting a net worth that Forbes estimates at nearly $108 billion, Huang says those humble beginnings still shape the type of business leader he is today.

“To me, no task is beneath me because, remember, I used to be a dishwasher [and] I used to clean toilets,” Huang said in a March interview at the Stanford Graduate School of Business.

“I mean, I cleaned a lot of toilets,” he added, telling a room full of students: “I’ve cleaned more toilets than all of you combined — and, some of them you just can’t unsee.”

Of course, there’s a big difference between being a teen restaurant employee and running a multitrillion-dollar company. But, Huang says he still tries to approach his job today with a similar willingness to take on anything if he believes he can help his employees improve the company, regardless of whether that task could be delegated to someone else. 

“If you send me something and you want my input on it and I can be of service to you — and, in my review of it, share with you how I reasoned through it — I’ve made a contribution to you,” Huang said.

Huang is a famously hands-on boss, with some employees calling him “demanding” and a “perfectionist.” He asks employees across the company to email him each week with the five most important things they’re working on, and then Huang sometimes even strolls up to employees’ desks to ask them how projects are going and weigh in with suggestions, according to a profile in the New Yorker

Whenever possible, the longtime CEO likes to show his employees his reasoning for a suggestion or solution he offers. Doing so helps the company in the long run, and Huang also finds it personally rewarding and an opportunity to learn new things himself, he told the audience at Stanford. 

“I show people how to reason through things all the time: strategy things, how to forecast something, how to break a problem down,” he said. “You’re empowering people all over the place.”

He tries to wrap up his most complicated work early in the day, so if anyone needs something from him the rest of the day, he can “always say, ‘I have plenty of time.’ And I do,” Huang said in a commencement speech at the California Institute of Technology last month.

And, while many CEOs try to limit the number of people who directly report to them to a handful of employees to free up their management schedule, Huang actually prefers to have roughly “50 direct reports,” he told CNBC in November. That structure improves Nvidia’s performance by allowing information and strategy to flow more directly between Huang and Nvidia’s other leaders, according to Huang.

“The more direct reports a CEO has, the less layers are in the company. It allows us to keep information fluid,” he said.

It’s all about putting his employees in the best position to succeed and contribute to Nvidia’s overall success, Huang said at Stanford. It is the job of any good CEO to “lead other people to achieve greatness, inspire, empower other people, support other people,” he added. “Those are the reasons why the management team exists: in service of all of the other people that work in the company.”

Want to be a successful, confident communicator? Take CNBC’s new online course Become an Effective Communicator: Master Public Speaking. We’ll teach you how to speak clearly and confidently, calm your nerves, what to say and not say, and body language techniques to make a great first impression. Sign up today and use code EARLYBIRD for an introductory discount of 30% off through July 10, 2024.

Plus, sign up for CNBC Make It’s newsletter to get tips and tricks for success at work, with money and in life.



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