The FDA and DOJ have announced the creation of a new, multi-agency task force formed specifically to combat the distribution and sale of unauthorized e-cigarettes.
The task force will bring together multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the U.S. Marshals Service (USMS); the U.S. Postal Inspection Service (USPIS); and the Federal Trade Commission (FTC), to “coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth,” the FDA noted in a statement.
Additional agencies may join the task force in the coming weeks and months.
“Curbing the widespread availability of illegal ENDS products is a top priority of the Justice Department’s consumer protection efforts,” said Deputy Assistant Attorney General Arun G. Rao of the Civil Division’s Consumer Protection Branch. “Together with our law enforcement partners, we look forward to advancing aggressive and innovative solutions to the unique and constantly evolving problem of illegal vaping products.”
“Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Dr. Brian King, director of the FDA’s Center for Tobacco Products. “This ‘all government’ approach — including the creation of this new task force — will bring the collective resources and experience of the federal government to bear on this pressing public health issue.”
The agency again cited the 2023 National Youth Tobacco Survey, which found that about 2.1 million youths reported currently using e-cigarettes, which reflects a considerable decline from 5.3 million youth in 2019.
However, 10% of high school students and almost 5% of middle school students reported currently using e-cigarettes, and more than one in four of those e-cigarette users reported daily e-cigarette use.
To date, the FDA has authorized the sale of 23 specific tobacco-flavored e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully marketed and sold in the U.S.
The agency has issued more than 1,100 warning letters to manufacturers, importers, distributors and retailers for illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes, and has filed civil money penalty complaints against more than 55 manufacturers and 140 retailers.
In addition, the FDA and the Justice Department have obtained injunctions against six manufacturers to stop them from manufacturing and selling unauthorized e-cigarette products.
“The federal task force will focus on several topics, including investigating and prosecuting new criminal, civil, seizure and forfeiture actions under the PACT Act; the Federal Food, Drug, and Cosmetic Act (FDCA), as amended by the Family Smoking Prevention and Tobacco Control Act (TCA); and other authorities,” FDA’s statement continued.
Violations of these statutes can result in felony convictions and significant criminal fines and civil monetary penalties. They can also result in seizures of unauthorized products, which the U.S. Marshals Service will follow through on.
“The U.S. Marshals Service Asset Forfeiture Division stands ready to work with our task force partners in the seizure of unauthorized e-cigarettes from domestic distributors seeking to sell them unlawfully,” said Ronald L. Davis, director of the U.S. Marshals Service.
It is now more important than ever that retailers stay up to date on the current state of vape products.
Retailers that want to check if they are in compliance with the law can visit the FDA’s newly launched Searchable Tobacco Products Database here.
