The Justice Department and U.S. Food and Drug Administration (FDA) today announced the creation of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes.
Along with the FDA and the Justice Department, the task force will bring together multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); U.S. Marshals Service (USMS); U.S. Postal Inspection Service (USPIS); and Federal Trade Commission (FTC) to coordinate efforts against the illegal distribution and sale of e-cigarettes, vapes, and other electronic nicotine delivery systems (ENDS). Additional agencies may join in the coming weeks.
“Unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans — particularly children and adolescents — across the country,” said Acting Associate Attorney General Benjamin C. Mizer. “This interagency task force is dedicated to protecting Americans by combating the unlawful sale and distribution of these products.”
“The Justice Department is committed to enforcing laws that prevent the sale and distribution of unlawful e-cigarettes,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “We will work closely with our task force partners to address this crisis with all available enforcement tools.”
“Curbing the widespread availability of illegal ENDS products is a top priority,” 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 solutions to this evolving problem.”
“Enforcement against illegal e-cigarettes necessitates a multi-pronged response,” said Director Dr. Brian King of FDA’s Center for Tobacco Products. “This ‘All Government’ approach will bring collective resources to bear on this pressing public health issue.”
The 2023 National Youth Tobacco Survey found that about 2.1 million youths reported currently using e-cigarettes, reflecting a decline from 5.3 million in 2019. However, 10% of high school students and almost 5% of middle school students reported current use, with more than one in four reporting daily use.
Youth use of tobacco products in any form is unsafe. According to CDC data, nicotine poses unique dangers to young people by harming brain development until about age 25.
To date, FDA has authorized only 23 specific tobacco-flavored e-cigarette products for lawful marketing in the United States. The agency has issued over 1,100 warning letters for illegal sales or distributions and filed civil money penalty complaints against more than 55 manufacturers and 140 retailers.
The federal task force will focus on several areas including investigating new criminal actions under various statutes such as the Prevent All Cigarette Trafficking Act (PACT Act) and Federal Food, Drug, Cosmetic Act (FDCA). Violations can result in felony convictions along with significant fines or penalties.
“The U.S. Marshals Service Asset Forfeiture Division stands ready to work with our task force partners in seizing unauthorized e-cigarettes from domestic distributors seeking unlawful sales,” said USMS Director Ronald L. Davis.
The Justice Department is also collaborating with ATF and USPIS on potential enforcement actions under PACT Act provisions requiring online sellers to register with ATF among other regulations.
“The PACT Act is an important tool for preventing unlawful sales online," said ATF Director Steven M. Dettelbach.
“The U.S. Postal Inspection Service is committed to working with this task force," added Chief Postal Inspector Gary R. Barksdale.
Finally, FTC will support activities by sharing its knowledge about vaping product markets through reports on cigarette marketing practices.
“We look forward to sharing our experience through this important task force,” said Director Samuel A.A Levine of FTC’s Bureau of Consumer Protection.
For more information on e-cigarette regulation visit www.fda.gov/tobacco-products or www.atf.gov/alcohol-tobacco/vapes-and-e-cigarettes.