The U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration (FDA) have announced the formation of a federal multi-agency task force to tackle the illegal distribution and sale of e-cigarettes. This initiative aims to curb the proliferation of unauthorized e-cigarettes contributing to nicotine addiction among American youth.
Collaborative Efforts
The task force unites several key law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshals Service (USMS), the U.S. Postal Inspection Service (USPIS), and the Federal Trade Commission (FTC). These partners will work together to leverage all available criminal and civil tools to address the illegal e-cigarette market. Additional agencies may join the task force in the future.
Statements from Key Officials
“Unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans – particularly children and adolescents,” said Acting Associate Attorney General Benjamin C. Mizer. “This interagency Task Force is dedicated to protecting Americans by combatting the unlawful sale and distribution of these products. The establishment of this Task Force makes clear that vigorous enforcement of the tobacco laws is a government-wide priority.”
Principal Deputy Assistant Attorney General Brian Boynton emphasized the commitment to enforcing laws preventing the sale and distribution of unlawful e-cigarettes. “We will work closely with our Task Force partners to address this crisis with all of the enforcement tools available to us,” he added.
Consumer Protection Efforts
Deputy Assistant Attorney General Arun G. Rao highlighted the importance of curbing the availability of illegal ENDS (Electronic Nicotine Delivery Systems) products. “Together with our law enforcement partners, we look forward to advancing aggressive and innovative solutions to the unique and constantly evolving problem of illegal vaping products,” said Rao.
Dr. Brian King, director of the FDA’s Center for Tobacco Products, emphasized the necessity of a collaborative approach. “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,” King stated.
Youth E-Cigarette Use
The 2023 National Youth Tobacco Survey revealed that approximately 2.1 million youths currently use e-cigarettes, a significant decline from 5.3 million in 2019. However, 10% of high school students and nearly 5% of middle school students reported current e-cigarette use, with over a quarter of these users engaging in daily use. The market features products appealing directly to school-age users, including candy and fruit flavors, and devices designed for easy concealment.
Health Risks and Regulatory Actions
Youth use of tobacco products, including e-cigarettes, poses significant risks. The CDC warns that nicotine is highly addictive and can harm the developing adolescent brain, which continues to develop until about age 25. Nicotine use in youth may also increase the risk of addiction to other drugs.
To date, the FDA has authorized 23 specific tobacco-flavored e-cigarette products and devices for lawful sale in the U.S. The FDA has issued over 1,100 warning letters to manufacturers, importers, distributors, and retailers for illegally selling unauthorized new tobacco products, including e-cigarettes. The FDA and DOJ have also obtained injunctions against six manufacturers to halt the production and sale of unauthorized e-cigarette products.
Task Force Objectives
The federal task force will focus on several key areas, including investigating and prosecuting new criminal, civil, seizure, and forfeiture actions under the PACT Act, the Federal Food, Drug, and Cosmetic Act (FDCA), as amended by the Family Smoking Prevention and Tobacco Control Act (TCA), and other relevant laws. Violations of these statutes can result in felony convictions, significant fines, and product seizures, helping to reduce the availability of illegal e-cigarettes.
USMS will assist in effectuating the seizures of unauthorized e-cigarettes within the United States. “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 L. Davis, director of the U.S. Marshals Service.
Enforcement Collaboration
The DOJ is also collaborating with ATF and USPIS on potential criminal and civil enforcement actions under the PACT Act, which requires online sellers of ENDS products to register with ATF and verify purchasers’ ages. “The PACT Act is an important tool for preventing the unlawful sale of e-cigarettes to minors online,” said ATF Director Steven M. Dettelbach.
Chief Postal Inspector Gary R. Barksdale emphasized the USPIS’s commitment to investigating violations of the PACT Act and other statutes governing the distribution of e-cigarettes through the mail.
FTC’s Role
The FTC will support the task force by sharing its expertise on the vaping market and enforcing prohibitions on false and misleading advertising. “We look forward to sharing our experience with this rapidly changing, multi-billion dollar market through this important Task Force,” said Samuel A.A. Levine, director of the FTC’s Bureau of Consumer Protection.