US FDA and Customs seize 1.4 million illegal vapes worth over $18 million

  The U.S. Food and Drug Administration (FDA) and Customs and Border Protection (CBP) have announced the seizure of approximately 1.4 million unauthorized e-cigarette products.

[Reprinted from FDA] On December 14, U.S. time, the FDA and CBP announced the seizure of about 1.4 million unauthorized e-cigarettes, including brands like ELFBAR. According to the 2023 National Youth Tobacco Survey, ELFBAR is the most widely used brand among youth e-cigarette users. The retail value of these seized products exceeds $18 million. This operation is part of a three-day joint action, during which 41 shipments containing illegal e-cigarettes were seized.

FDA Commissioner Dr. Robert M. Califf stated, "The FDA is committed to continuing to curb the illegal influx of e-cigarettes into the U.S. Unscrupulous companies will do everything possible to bring unauthorized, youth-attractive tobacco products into the country. The FDA will remain vigilant and work with our federal partners to stop these products before they reach our youth."

The FDA and CBP conducted a joint operation at a cargo inspection station at Los Angeles International Airport, where teams inspected imported goods for potential violations.

In preparation for this three-day operation, the team spent months reviewing freight invoices, identifying potentially violative imported goods, and completing other investigative work, ultimately achieving the success of this operation. Once the goods are seized and become government property, they will be disposed of according to legal regulations; for unauthorized new tobacco products, this usually means they will be destroyed.

CBP Director Troy A. Miller stated, "This enforcement action is a prime example of CBP's commitment to protecting our communities and combating the illegal importation of goods. The growth of illegal e-commerce requires our agency to remain vigilant in intercepting goods that pose serious risks to public health, especially for youth, and dismantling the supply chains that bring them to our borders."

During the inspection of these goods, the team discovered various brands of illegal flavored disposable e-cigarettes, all originating from China. According to the recently released 2023 National Youth Tobacco Survey (NYTS) data, disposable e-cigarettes are the most widely used type of e-cigarette among U.S. youth, with nearly 90% (89.4%) of current e-cigarette users using flavored e-cigarettes, with fruit flavors being the most popular, followed by candy, dessert, or other sweet flavors; mint; and menthol.

In addition to ELFBAR, the seized e-cigarettes also included EB Create products; earlier this year, the manufacturer of ELFBAR began marketing the product under the names "EB Design" and "EB Create." Other seized brands included Lost Mary, Funky Republic, RELX Pod, and IPLAY Max.

To evade taxes and inspections, many of these unauthorized e-cigarettes were deliberately declared as various items, such as toys or shoes, and listed at incorrect values.

FDA Tobacco Products Center Director Dr. Brian King stated, "Those who recklessly attempt to smuggle illegal e-cigarettes, especially those that appeal to youth, into this country should pay attention to today's announcement. Federal agencies are aware of their tricks and will not hesitate to take action. The significant value of these seized products also serves as a reminder to these wrongdoers that their time and money are better spent complying with the law."

The FDA employs a comprehensive approach to ensure compliance and enforcement of tobacco products, taking action against parties in the supply chain that violate the law, including manufacturers, importers, distributors, and retailers, as described in today's announcement. The FDA also regularly addresses the issue of illegal e-cigarette imports by placing certain companies on the FDA's import alert red list, allowing products to be detained without a full inspection upon entry.

For example, in May, the FDA placed certain companies associated with unauthorized, youth-attractive e-cigarettes on the red list, including those related to the ELFBAR brand.

As of December 2023, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices for legal sale in the U.S. The distribution and/or sale of unauthorized new tobacco products are subject to compliance and enforcement actions.

As of December 2023, the FDA has sent over 650 warning letters to companies manufacturing, selling, and/or distributing new tobacco products lacking FDA authorization, including flavored disposable e-cigarettes and youth-popular brands.

The FDA has also filed civil penalty complaints against 38 e-cigarette manufacturers and 67 retailers and has initiated permanent injunction lawsuits against 7 companies illegally selling e-cigarettes. The FDA will continue to take appropriate action against those who manufacture, distribute, import, and/or sell unauthorized e-cigarette products, especially those that are most appealing to youth.