DOJ, FDA Form Federal Task Force Against Illegal E-cigarettes

(RTTNews) - Amid the increasing nicotine addiction among American youth, the U.S. Department of Justice and the U.S. Food and Drug Administration have formed a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes in the country.

The FDA and the Justice Department is joined by multiple law enforcement partners to coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes. These partners include the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF; the U.S. Marshals Service or USMS; the U.S. Postal Inspection Service or USPIS; and the Federal Trade Commission or FTC.

It is expected that additional agencies may join the task force in the coming weeks and months.

The federal task force will focus on several topics, including investigating and prosecuting new criminal, civil, seizure and forfeiture actions. Any violations can result in felony convictions and significant criminal fines and civil monetary penalties. They can also result in seizures of unauthorized products, making illegal e-cigarettes less accessible.

As per the 2023 National Youth Tobacco Survey, about 2.1 million youths reported using e-cigarettes, in which 10 percent of high school students and almost five percent of middle school students reported using e-cigarettes. More than one in four of those e-cigarette users reported daily e-cigarette use. Manufacturers, distributors and retailers market the products that appeal directly to school-age users, such as candy and fruit flavors, and make them available in devices that can be easily concealed.

According to the CDC, nicotine especially makes young people highly addictive and harm the developing adolescent brain, which continues to develop until about age 25. Young people who use nicotine may also be at risk for addiction to other drugs.

The FDA so far has authorized the sale of 23 specific tobacco-flavored e-cigarette products and devices, which are the only e-cigarette products that currently may be lawfully marketed and sold in the U.S.

Acting Associate Attorney General Benjamin Mizer said, "Unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans - particularly children and adolescents - across the country. This interagency Task Force is dedicated to protecting Americans by combatting the unlawful sale and distribution of these products. And the establishment of this Task Force makes clear that vigorous enforcement of the tobacco laws is a government-wide priority."

The FDA has issued more than 1,100 warning letters to manufacturers, importers, distributors and retailers for illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes.

The agency has also filed civil money penalty complaints against more than 55 manufacturers and 140 retailers for the unauthorized tobacco products.

In addition, the FDA and the DOJ have obtained injunctions against six manufacturers to stop them from manufacturing and selling such products.

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