Federal health officials have joined forces with the US Department of Justice in the fight against the illegal sale and distribution of e-cigarettes.
The US Food and Drug Administration and Justice Department have announced the creation of a task force to address this issue. The task force will include members from the US Marshals Service, US Postal Inspection Service, the Federal Trade Commission, and other agencies to identify and target illegal sales and distribution of e-cigarettes.
“Unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans – particularly children and adolescents – across the country,” said Benjamin Mizer, the acting associate attorney general with the Justice Department, in a news release on Monday.
The task force aims to protect Americans by combatting the unlawful sale and distribution of these products, according to Mizer. The FDA has authorized the sale of 23 specific tobacco-flavored e-cigarette products and devices, but unauthorized e-cigarettes that appeal to minors have surfaced on the market.
More than 1 in 10 young adults in the United States regularly use e-cigarettes, according to the US Centers for Disease Control and Prevention. The 2023 National Youth Tobacco Survey found that about 2.1 million youth reported currently using e-cigarettes.
Under current regulations, new tobacco products must receive marketing authorization from the FDA before they can be sold. The agency has asked manufacturers of pre-existing e-cigarette products to submit applications to keep them on the market.
The new federal task force will investigate and prosecute criminal, civil, seizure, and forfeiture actions related to illegal e-cigarettes. Violations could lead to felony convictions, significant criminal fines, civil monetary penalties, and seizures of unauthorized products.
“This ‘All Government’ approach will bring the collective resources and experience of the federal government to bear on this pressing public health issue,” said Dr. Brian King, director of the FDA’s Center for Tobacco Products.
The creation of the task force follows more than 1,100 warning letters issued by the FDA to distributors, manufacturers, importers, and retailers for illegally selling or distributing unauthorized tobacco products, including e-cigarettes. In December, the FDA announced seizing about 1.4 million units of unauthorized e-cigarette products.
“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 Davis, director of the US Marshals Service.
The American Lung Association has expressed support for the launch of the new federal task force. “For too long, manufacturers, distributors, and wholesalers have acted without regard for the law or public health,” said Harold Wimmer, president and CEO of the American Lung Association. Youth vaping is a serious public health concern, he added.
“Many of the illegal e-cigarettes currently on the market are flavored products, which attract youth,” Wimmer said. “The American Lung Association commends the DOJ, FDA, and other agencies involved in this task force. Ongoing and coordinated enforcement is necessary to remove the illegal and addictive tobacco products from the market.”
