Dive Brief:
- The U.S. Department of Justice and the U.S. Food and Drug Administration have created a federal task force to combat the illegal distribution and sale of e-cigarettes, according to a Monday announcement from the FDA.
- The Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the U.S. Postal Inspection Service; and the Federal Trade Commission will join the FDA and DOJ to “bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes.”
- The FDA has approved only 23 e-cigarette products for sale in the U.S. The department posits that vapes with cartoony exteriors or fruity flavors can entice children to vape.
Dive Insight:
A crackdown on illegal vapes could be welcome news for those convenience stores that only sell legal e-cigarette products. While the FDA has only approved 23 items for sale, the Associated Press found that there are thousands of vaping products being sold in the U.S., including popular brands such as Elf Bar and Esco Bar.
Illegal vapes are big business in the U.S. The FDA seized more than 45,000 e-cigarettes, worth around $700,000, in one seizure in California in April. A three-day multi-agency operation in December nabbed around 1.4 million devices worth over $1.8 million. The FDA has issued more than 1,100 warning letters to importers, distributors and retailers for illegally selling or distributing unauthorized new tobacco products, including e-cigarettes. The agency has also obtained injunctions against six manufacturers and fined more than 55 manufacturers and 140 retailers.
“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, in the announcement.
Additional agencies may also join the task force in the future.
“Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Brian King, director of the FDA’s Center for Tobacco Products, in a statement. “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.”
