New Federal Task Force Targets Illegal E-Cigarettes
The federal government is taking aim at the e-cigarette industry, launching a multi-agency task force to fight the flood of illegal vaping products that are hitting the U.S. market, many of them aimed at young people.
The task force comes after the Food and Drug Administration (FDA) sent over 1,100 warning letters to companies in the e-cig trade for selling and distributing illegal products. The FDA notes that just 23 e-cigarette products “may be lawfully sold in the U.S.” and that the rest are currently illegal.
The task force was created by the Department of Justice (DOJ) and the FDA.
The first partner agencies are 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). Additional agencies may sign on.
“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 Deputy Assistant Attorney General Arun G. Rao of the Civil Division’s Consumer Protection Branch.
“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,” said Dr. Brian King, Director of the FDA’s Center for Tobacco Products.
Advocate Reaction
The creation of the task force was applauded by the Campaign for Tobacco Free Kids, which said it can be an “important step in preventing youth use of e-cigarettes, which are endangering the health and well-being of young people.”
However, the Campaign warns it will only have an impact if it’s “immediately followed with concrete and comprehensive enforcement actions” including larger civil penalties, no-tobacco-sale orders, product seizures, import restrictions, injunctive actions and criminal prosecutions.
Many of the vaping products are flooding into the U.S. from China, often in kid-friendly flavors.
They include major disposable products such as Elf Bar, which was the most popular e-cigarette among underage teens last year, according to the National Youth Tobacco Survey.
Task Force Authorities
The task force will help to increase cooperation and streamline priorities among various federal agencies.
It will investigate and prosecute crimes under the Prevent All Cigarette Trafficking Act of 2009 (PACT Act); the Federal Food, Drug, and Cosmetic Act (FDCA), as amended by the Family Smoking Prevention and Tobacco Control Act (TCA); and other authorities.
The task force will also help the FDA and DOJ seize unauthorized e-cigarettes within the U.S.