A coalition of law enforcement agents will begin cracking down on the unruly market for illegal e-cigarettes, under pressure from anti-smoking groups, lawmakers and the tobacco industry to urge federal authorities to stem the flood of vaping devices favored by teenagers.
The Justice Department and the Food and Drug Administration announced the new effort, which is expected to target fruit and candy-flavored vapes that contain high levels of addictive nicotine.
The new coalition will include the Bureau of Alcohol, Tobacco, Firearms and Explosives. the US Marshals Service; the Federal Trade Commission and the US Postal Service, taking advantage of federal laws that could include significant fines and prison terms. “Unapproved e-cigarettes and vaping products continue to endanger the health of Americans — especially children and adolescents — across the country,” said Deputy Attorney General Benjamin C. Mizer.
Until now, enforcement efforts have largely consisted of warning letters and limited penalties issued by the FDA to various sellers such as gas station and convenience store owners, ordering them to stop selling the items.
Those initiatives have been criticized as unsuccessful by lawmakers in Congress and others, who have pushed the agency to do more to prevent illegal e-cigarettes from entering the United States.
Traditional tobacco companies, including Reynolds American, have also asked the FDA, which regulates tobacco, to crack down on illegal products that compete with their own e-cigarettes. However, their appeal to enforce the flavored vapor ended at the US border. British American Tobacco, the parent company of Reynolds, said it markets Vuse Go vapes in flavors such as Mango Ice and Blue Raspberry in 46 countries.
Teen vaping rates have declined from peak levels reported in national teen surveys about five years ago. But public health experts remain concerned about the dangers of nicotine addiction to the teenage brain, with many illegal products containing unknown levels and undisclosed chemicals.
Sen. Dick Durbin, D-Illinois and majority whip, is holding a Judiciary Committee hearing Wednesday to focus on combating youth vaping and improving enforcement. Top DOJ and FDA officials were called to testify.
“I am pleased that my calls for greater enforcement against unauthorized e-cigarettes have been heeded and that more resources are on the way to deal with the flood of illegal products entering the market,” Mr Durbin said in a statement on Monday. “I hope this will bring about meaningful change – our children’s health depends on it.”
Public health groups also welcomed the new effort.
“Law enforcement needs to be there to pull the products off the market, and that needs to happen immediately,” said Erika Sward, assistant vice president of advocacy at the American Lung Association. “There is a reason these products are not legal for sale in the United States and that is because they are very appealing to children.”
The proliferation of high-volume vapes in a huge range of flavors – such as Strawberry Ice Cream, Hawaii Punch and Juicy Peach – has angered anti-smoking groups. In the most recent annual government survey, about 10 percent of middle school students and nearly 5 percent of high school students reported vaping in the past month.
These young people report a strong preference for flavors in surveys and have said in interviews that they like to try and share original blends. As of late 2023, about 6,000 unique vaping varieties were sold in the U.S. market, according to data provided by the CDC Foundation, a nonprofit organization that supports the Centers for Disease Control and Prevention. Aromatic vapor sales have grown in recent years, to nearly $400 million at the end of 2023 from about $217 million at the beginning of 2020.
Also, during this time, vaping devices have become larger, offering high levels of nicotine and up to 8,500 puffs per device, drawing comparisons to the amount of nicotine in a pack of cigarettes.
So far, the FDA has approved the sale of a short list of 23 tobacco-flavored vapes, which include NJOY from Altria as well as Vuse products made by RJ Reynolds Vapor Company.
The agency is still reviewing Juul’s vaping applications, and last week the FDA lifted an earlier order that would have denied the company permission to sell its devices.
Legacy tobacco companies have aligned — albeit awkwardly — with public health groups in calling on the FDA to step up its fight against illegal vaping, which dominates the market in overall sales.
On Monday, Reynolds applauded the FDA’s move. “While the FDA has sent warning letters to companies responsible for some illegal vaping, the bigger issue is the lack of overall enforcement,” according to a statement from company spokesman Luis Pinto. “More must be done to intercept and confiscate illegal single-use vapers, protect public health and prevent youth access.”
The Campaign for Tobacco Free Kids also welcomed the creation of a new law enforcement unit and called for product seizures, import restrictions and criminal prosecutions.
“This move will only have an impact if it is immediately followed by specific and comprehensive enforcement actions,” said Yolanda C. Richardson, campaign chair.
