A multi-agency coalition of law enforcement officials will begin tackling the rogue market for illegal e-cigarettes, under pressure from anti-smoking groups, lawmakers and the tobacco industry urging federal authorities to stop the flood of e-cigarettes. vaping preferred by teenagers.
The Justice Department announced the new effort, which is expected to target fruit- and candy-flavored vaporizers that contain high levels of addictive nicotine.
The new coalition would include the Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Marshals Service; the Federal Trade Commission and the U.S. Postal Service, taking advantage of federal laws that could include significant fines and jail terms. “Unauthorized e-cigarettes and vaping products continue to endanger the health of Americans, particularly children and adolescents, across the country,” said Acting Assistant Attorney General Benjamin C. Mizer.
So far, enforcement efforts have largely consisted of warning letters and limited penalties issued by the Food and Drug Administration to various vendors, such as gas station and convenience store owners, ordering them to stop selling the items. .
Those FDA efforts have been criticized as unsuccessful by congressional lawmakers and others, who have pressured the agency to do more to prevent illegal e-cigarettes from entering the United States.
Traditional tobacco companies, including Reynolds American, have also called on the FDA, which regulates tobacco, to banish illicit products that compete with their own e-cigarettes. However, his call for control measures for flavored electronic cigarettes ended at the US border. British American Tobacco, Reynolds’ parent company, has said it markets its Vuse Go vaporizers in flavors such as Mango Ice and Blue Raspberry in 46 countries.
Vaping rates among teens have fallen from the peak levels reported in national teen surveys about five years ago. But public health experts are still concerned about the dangers of nicotine addiction on the teenage brain, as many illicit products contain unknown levels and undisclosed chemicals.
Sen. Dick Durbin, D-Ill., the majority leader, will hold a Judiciary Committee hearing Wednesday to focus on combating youth vaping and improving law enforcement. He was invited to testify by senior officials at the Department of Justice and the FDA.
“I am glad that my calls for greater enforcement against unauthorized e-cigarettes have been heeded and that more resources are on the way to address the flood of illegal products entering the market,” Durbin said in a statement on Monday. “I hope this brings meaningful change; the health of our children depends on it.”
Public health groups also welcomed the new effort.
“Law enforcement needs to be there to get products off the market, and that needs to happen immediately,” said Erika Sward, associate vice president of advocacy for the American Lung Association. “There is a reason why these products are not legal for sale in the United States and that is because they are very attractive to children.”
The proliferation of high-volume vaporizers in a wide range of flavors (such as strawberry ice cream, Hawaiian punch, and juicy peach) has infuriated anti-smoking organizations. In the most recent annual government survey, about 10 percent of middle school students and nearly 5 percent of middle school students reported vaping in the past month.
These young people report in surveys a strong preference for flavors and have said in interviews that they like to try and share novel concoctions. As of the end of 2023, about 6,000 unique vape 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. Sales of flavored vaporizers have increased in recent years, to nearly $400 million by the end of 2023, from about $217 million at the beginning of 2020.
Also during that 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 carton of cigarettes.
So far, the FDA has cleared the sale of a short list of 23 tobacco-flavored vaping items, including Altria’s NJOY and Vuse products made by RJ Reynolds Vapor Company.
The agency is still reviewing Juul’s applications for vaporizers, and last week the FDA lifted an earlier order that would have denied the company permission to sell its devices.
Traditional tobacco companies have aligned themselves, albeit uncomfortably, with public health groups to ask the FDA to step up its battle against illegal vaporizers, which dominate the market in overall sales.
On Monday, Reynolds applauded the FDA’s action. “While the FDA has sent warning letters to the companies responsible for some illegal vaporizers, the biggest problem is the lack of comprehensive enforcement of the law,” according to a statement from company spokesperson Luis Pinto. “More must be done to intercept and seize illegal disposable vaporizers, protect public health and prevent youth access.”
The Campaign for Tobacco-Free Kids also applauded the creation of a new law enforcement unit and called for product seizures, import restrictions and criminal prosecutions.
“This measure will only have an impact if it is immediately followed by concrete and comprehensive enforcement actions,” said Yolanda C. Richardson, campaign chairwoman.