The Food and Drug Administration (FDA) announced that, alongside the U.S. Customs and Border Protection (CBP), it has seized approximately 1.4 million units of unauthorized e-cigarette products.
The estimated retail value of the seized products totals more than $18 million. The seizures were part of a three-day joint operation, which resulted in the seizure of 41 shipments containing illegal e-cigarettes.
“The FDA is committed to continuing to stem the flow of illegal e-cigarettes into the United States,” said FDA commissioner Robert M. Califf. “Unscrupulous companies try everything they can to bring unauthorized, youth-appealing tobacco products into the country. The FDA will remain vigilant, and together with our federal partners, stop these imports before they make it into the hands of our nation’s youth.”
The FDA and CBP conducted the joint operation at a cargo examination site at Los Angeles International Airport, where the team examined incoming shipments for potentially violative items. In preparation for the three-day operation, the team worked for months to review shipping invoices, identify potentially violative incoming shipments and complete other investigative work that led to this operation. Once the merchandise is forfeited to the government, it will be disposed of in accordance with the law; in the case of unauthorized new tobacco products, that generally means they will be destroyed.
“This enforcement action is a prime example of CBP’s commitment to keeping our communities safe by disrupting the importation of illegal goods into our country,” said Troy A. Miller, senior official performing the duties of the commissioner for CBP. “The rise in illicit e-commerce demands that our agencies remain vigilant in intercepting shipments that could pose serious health risks to the public, including youth, while disrupting the supply chains that bring them to our borders.”
Upon examining shipments, all of which originated in China, the team found various brands of illegal flavored disposable e-cigarette products.
Brands included in the seizure were Elf Bar, EB Create products, Lost Mary, Funky Republic, RELX Pod and IPLAY Max, among others. In an attempt to evade duties and detection, many of these unauthorized e-cigarettes were intentionally mis-declared as various items such as toys or shoes and listed with incorrect values.
“Those shamelessly attempting to smuggle illegal e-cigarettes, particularly those that appeal to youth, into this country should take heed of today’s announcement,” said Brian King, director of the FDA’s Center for Tobacco Products. “Federal agencies are on to their antics and will not hesitate to take action. The significant value of these seized products is also a sobering reminder to these bad actors that their time and money would be better spent complying with the law.”
To date, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices that may be lawfully sold in the U.S. As of December 2023, the FDA has issued over 650 warning letters to firms for manufacturing, selling and/or distributing new tobacco products that lacked marketing authorization from the FDA.
