As a member of the National Association of Former United States Attorneys, we are proud to stand by the below statement made by the organization’s board of directors addressing the killing of George Floyd.

We are members of the Board of Directors of the National Association of Former United States Attorneys (NAFUSA). NAFUSA is a bipartisan group of more than 300 former United States Attorneys that was established in 1979 to protect and support the mission of United States Attorneys and to improve the administration of justice within the federal courts.

There can be no question that the horrific treatment and death of George Floyd is far outside the bounds of any civilized society. The police officer who suffocated Mr. Floyd and those officers who stood by and did not protect him have all been charged criminally. We firmly believe that all criminal defendants deserve the presumption of innocence; however, the video depiction of the events of that day makes it difficult to imagine any excuse for these officers.

Providing justice for Mr. Floyd and his family cannot be the end of the matter – it must be a beginning. Many African-Americans are exhausted from their long suffering and unfair treatment by those in society who see only their color and not their character. Racist and unlawful acts of violence against black men and women while in the custody of police officers must be exposed, challenged and prosecuted. It is untenable that a large part of our population fears physical harm and death from an encounter with law enforcement. Intimidation and fear imposed by any police officer on any person of color must end.

As former federal prosecutors, we recognize the challenges that police officers face as they protect our local communities. The overwhelming number of law enforcement officers are fair-minded and serve the public admirably. But many Americans, ourselves included, recognize that in the United States today justice is denied to far too many of our citizens. Any abuse or excessive force by law enforcement cannot be tolerated, because it is illegal and undermines the trust and faith we have in the administration of justice.

Our road to complete justice will be long and difficult, but the hallmark of America is its strong and compassionate people. We will never forget George Floyd and the injustice he suffered, and as former United States Attorneys, we are committed to achieving through the rule of law, and with compassion, a just society for all Americans.

In recent years, there has been a surge in popularity in the use of vaping devices for the consumption of tobacco and marijuana. E-cigarettes or “vapes” come in many shapes and styles, but they generally consist of a battery that heats liquid containing nicotine or marijuana to produce vapor. The liquid is commonly contained in pre-filled cartridges or pods that attach to the battery and heating element. Vaping has been touted as a safer and healthier alternative to smoking cigarettes because it doesn’t involve inhaling the burnt tobacco or other carcinogens and chemicals contained in cigarettes.  However, there has recently been a surge in lung illnesses associated with vaping that has caused alarm across the country.

Federal data shows that there have been 1,888 cases in the US of vaping-related lung illness.^[1] The Centers for Disease Control and Prevention reported that there have been 37 deaths confirmed in 24 states. According to the FDA, patients have reported a gradual start of symptoms, including breathing difficulty, shortness of breath, and/or chest pain before hospitalization. Some cases reported mild to moderate gastrointestinal illness including vomiting and diarrhea, or other symptoms such as fevers or fatigue.^[2]

Although these numbers may be small in comparison to those associated with the damage inflicted by traditional smoking, they have been enough to catch the attention of Washington D.C. President Donald Trump is expected to finalize plans with the FDA in the upcoming week to ban all flavored vaping products, with the exception of tobacco and menthol flavors.^[3] While the impetus for putting this plan into action may have been related to the widespread media reports about the vaping illnesses, it’s possible the intended target of the flavor regulation is to curb the explosion of youth vaping.

Based on the preliminary research regarding the culprit causing the harm, it is not clear the new FDA regulations on flavor restrictions will have any effect on preventing the vaping lung illnesses.^[4]  Data on the affected individuals shows the illness has been associated with those using vaping devices containing marijuana/THC. These THC-containing cartridges are also coming from black market sources, as opposed to legal marijuana dispensaries.

The FDA has hypothesized that Vitamin E acetate, which is used as a thickening agent in these black market products, may be what is causing the harm. The FDA has opened a criminal investigation alongside the Drug Enforcement Agency to track down anyone manufacturing illicit and adulterated vaping products. While the FDA appears to be enacting policy only prohibiting the usage of flavors, certain states have taken more aggressive approaches.  Massachusetts enacted a four-month ban on all vaping products. Juul, one of the most well-known vaping manufacturers, has already restricted its sales to only the flavors of tobacco, menthol, and mint.

While the recent outbreak of lung illness has been primarily linked to black market THC products, the publicity these cases have received has led to regulation by the federal government as well as some state governments. As of now, Louisiana has not enacted any form of a ban on vaping products. It remains to be seen how effective the new FDA regulations will be at curbing youth vaping or this new illness and whether they may become more expansive in the future.

[1] https://www.washingtonpost.com/health/2019/09/07/what-we-know-about-mysterious-vaping-linked-illnesses-deaths/

[2] https://www.fda.gov/news-events/public-health-focus/lung-illnesses-associated-use-vaping-products

[3] https://www.axios.com/trump-ban-flavored-vaping-products-4830652d-af8d-4c84-81b0-2174e9ad3344.html?utm_source=twitter&utm_medium=twsocialshare&utm_campaign=organic

[4] https://www.washingtonpost.com/health/2019/09/07/what-we-know-about-mysterious-vaping-linked-illnesses-deaths/