Category: Enforcement

U.S. Customs Seizes $81 Million in Vapes This Year

Credit: Eduardo Barraza
During the last 12 months, U.S. Customs and Border Protections (CBP) officers in Chicago made 121 seizures containing over 3.2 million prohibited Electronic Nicotine Delivery Systems (ENDS) products with a Manufacturer’s Suggested Retail Price of more than $81.5 million.
Almost all the shipments originated from China and were destined for locations across the U.S. Most shipments violated the FDA’s Federal Food, Drug, and Cosmetic Act (FD&C Act), while some were seized for Intellectual Property Rights (IPR) violations, according to CPB. Some of the IPR violations concerned used unauthorized trademarks associated with pop icons. By copying these well-known marks, the seller targeted teens and younger adults, hoping to persuade them to purchase their counterfeited items.
“It is common for bad actors to use popular people and brands to promote their products. In a couple of these instances, they used the name of an influencer with a large following specifically targeting the younger audience,” said LaFonda D. Sutton-Burke, director, Field Operations, Chicago Field Office. “CBP’s trade enforcement mission places a significant emphasis on intercepting illicit products that could harm American consumers, and we will continue to work with our consumer product safety partners to identify and seize unsafe and unlawful goods.”
In addition to IPR violations, CBP seized these products because they lacked the required FDA marketing authorization and were found to be adulterated and misbranded, violating the FD&C Act. Vapes, e-cigarettes, and other electronic nicotine delivery systems that are unapproved by the FDA may contain higher levels of nicotine and other unknown, toxic chemicals, making them extremely hazardous to health.
“Criminals are using every means imaginable to expand the reach of their illicit enterprises,” said Mike Pfeiffer, Chicago area port director. “The sales from illegal goods are used to fuel further criminal activities such as the trafficking of drugs, defrauding innocent people, and purchases of illegal weapons, just to name a few.”
CBP provides basic import information about admissibility requirements and the clearance process for e-commerce goods and encourages buyers to confirm that their purchases and the importation of those purchases comply with state and federal import regulations.
December 17, 2024
FDA Issues Warnings to 115 Retailers for Illegal Sales

Credit: Marcus Krauss
The U.S. Food and Drug Administration issued warning letters to 115 brick-and-mortar retailers for selling unauthorized vaping products. The warning letters cite the sale of disposable e-cigarette products owned by Chinese manufacturers and marketed under popular brand names, including Geek Bar Pulse, Geek Bar Skyview, Geek Bar Platinum, and Elf Bar.
The warning letters result from the FDA’s ongoing enforcement efforts, in coordination with state partners, to identify and crack down on the sale of unauthorized e-cigarettes, according to the agency. FDA has contracts with states, territories, or third-party entities to assist with compliance check inspections of retail establishments.
Findings from the 2024 National Youth Tobacco Survey indicated that 5.8 percent of current youth e-cigarette users reported using products under the Geek Bar brand. FDA’s review of additional rapid surveillance data and preliminary data from the Population Assessment of Tobacco and Health Study has also identified the brand as popular or youth-appealing.
Warning letter recipients are given 15 working days to respond with the steps they will take to correct the violation and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalty.
A new tobacco product must have FDA authorization before it can be legally marketed, and generally, products without authorization are at risk of enforcement action. To date, the FDA has authorized 34 e-cigarette products and devices.
December 5, 2024
FDA Seeks Fines for 18 Sellers of Illegal Vapes

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The U.S. Food and Drug Administration announced it is seeking fines against two brick-and-mortar retailers and 16 online retailers who have continued to sell unauthorized vaping products.
The regulatory agency previously issued warning letters to these retailers for their sale of unauthorized tobacco products; however, follow-up inspections revealed that the retailers had failed to correct the violations, according to an agency press release.
“Many recipients of warning letters correct the violative conduct, the release states. “However, failure to promptly correct the violations can result in additional enforcement actions such as civil money penalties, as is the case for these companies.”
The FDA has filed civil money penalty complaints against 79 manufacturers and 175 retailers for distribution and/or sale of unauthorized tobacco products. Additionally, the FDA works closely with federal enforcement partners, including through a newly announced federal interagency task force.
For example, FDA and U.S. Customs and Border Protection recently announced the seizure of $76 million in illegal e-cigarettes.
A bipartisan group of influential House lawmakers recently stated their doubts about the Food and Drug Administration’s proposal to begin collecting fees from e-cigarette companies, akin to how the agency charges fees to tobacco firms.
FDA officials say that the fees would give regulators resources to tackle the thousands of illegal vapes lining store shelves.
November 26, 2024
New York City Seizes 1,200 Pounds of Illicit Vapes

Credit: NYC.gov
New York City Mayor Eric Adams, New York City Sheriff Anthony Miranda, NYPD Interim Commissioner Thomas G. Donlon, and DCWP Commissioner Vilda Vera Mayuga proudly announced the successful removal of more than 1,200 pounds of illegal vaping products from the city, which are now on their way to being destroyed.
The products — all seized through the Adams administration’s “Operation Padlock to Protect” — contain batteries and other hazardous materials that must be disposed of safely. The products are being sent to the NYPD’s long-term DNA evidence destruction vendor, ENP Environmental, in Grafton, Ohio, according to a press release.
As a result of the operation, the city has seized more than $80 million in illegal products, which have been taking up a massive amount of space across NYPD’s network of evidence warehouses. Mayor Adams, today, joined members of the New York City Sherriff’s Joint Compliance Task Force — made up of the Sheriff’s Office, the NYPD, and DCWP — to participate in NYPD’s standard evidence destruction process of loading illegal substances and products to be sent to destruction in an environmentally responsible way.
Upon seizure, untaxed and illegally sold tobacco and vape products are subject to forfeiture and ultimately may be destroyed by the city. In August, Adams and the task force destroyed more than four tons, or 576 bags, of seized illegal cannabis products as part of the NYPD’s standard evidence destruction process of incinerating illegal substances and products.
“Today, we say goodbye and good riddance to products that endanger our children and undermine our quality of life,” said Adams. “From the moment we were given the additional authority we needed from the state to weed out illegal cannabis operators, our administration took swift action. Through our successful ‘Operation Padlock to Protect’ initiative, we have already shut down more than 1,200 unlicensed smoke shops, confiscated an estimated $80 million worth of illegal products, and seized thousands of illegal vapes.
“This is a major example of the significant results we are achieving in improving New Yorkers’ quality of life and builds on the gains we’ve made in keeping communities safe. Last month alone saw a decrease in homicides, robberies, burglaries, grand larcenies, transit crime, and car theft, but we know there is still more to do. Our administration will continue to focus on our mission of making New York City a safer, more affordable city, and today’s announcement is another example of just that.”
October 17, 2024
HHS Raises Retailer Civil Money Penalty Amounts
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The U.S. Department of Health and Human Services updated its regulations to reflect the required annual inflation-related increases to civil money penalties, consistent with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
This adjustment occurs every year as described by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 – and applies to civil money penalties sought against tobacco product retailers and manufacturers who violate the law, according to a U.S. Food and Drug Administration.
The newly adjusted civil money penalty amounts for tobacco retailers and manufacturers can be accessed here.
September 26, 2024
FDA Wants Tracking Numbers of Imported Vapes

Credit: Eduardo Barraza
The U.S. Food and Drug Administration and the Department of the Treasury have announced a proposed rule that would require an importer to submit the FDA-issued Submission Tracking Number (STN) of electronic nicotine delivery system (ENDS) products into the electronic imports system operated by U.S. Customs and Border Protection.
The new requirement will help streamline the process of reviewing the admissibility of ENDS products into the United States, according to the FDA’s website.
After an applicant submits a marketing application for a new tobacco product, FDA assigns a unique identifier called an STN. Under the proposed rule, if finalized, any ENDS product, including e-cigarettes, for which the STN is not submitted may be denied entry into the U.S.
An FDA-issued STN is one data element that is important to FDA’s admissibility review and determination, which also includes review of other information about the product as well as possible sampling and examination of the product, according to the agency.
“Beginning tomorrow, the docket for the proposed rule, titled ‘Submission of Food and Drug Administration Import Data in the Automated Commercial Environment for Certain Tobacco Products,’ will be open for public comment through October 15, 2024.
Visit the rulemaking docket at regulations.gov to learn more and comment on the proposed rule.”Beginning tomorrow, the docket for the proposed rule … will be open for public comment through October 15, 2024.
Visit the rulemaking docket at regulations.gov to learn more and comment on the proposed rule.
August 15, 2024
California County Shutters Shop for Illegal Sales

Credit: Wesnice
A county district attorney in California wants to keep vapes, tobacco products and other prohibited items off of store shelves out of the hands of children.
Monterey County is handing down civil penalties to Rubystar Gems and Gifts, a local business accused of doing just that. The Monterey County District Attorney’s Office says they received word in late 2023 from the Monterey Police Department and Monterey Sheriff’s Department about complaints against the store for selling tobacco products to minors.
The store was also allegedly selling flavored tobacco products, which are illegal in California, hallucinogenic mushroom gummies containing a substance that is illegal to sell in California and illegal weapons like “metal knuckles.”
The mushroom gummies contain psilocybin, which is a hallucinogenic controlled substance that is illegal to sell in California. The packaging was counterfeit and did not indicate the actual product and its true manufacturer on the label, according to media reports.
The store’s owner agreed to a civil settlement and has to pay a $25,000 penalty for the violations. In 2022 and 2023, two sales clerks were prosecuted in a criminal court for selling tobacco products to minors. Continued complaints prompted the Monterey District Attorney’s Office to investigate further.
The store is currently closed, but Emily Hickok, a chief deputy district attorney at the Monterey County District Attorney’s Office, says it can legally continue to operate. The store owner didn’t want to go on camera but did say the store is closed because of personal health reasons and that he is retiring.
July 31, 2024
US Senate Hearing on Vaping ‘Epidemic’ Today
Credit: Dick Durbin
The US Senate Judiciary Committee plans to conduct hearings today at 10 am on “Combatting the Youth Vaping Epidemic by Enhancing Enforcement Against Illegal E‑Cigarettes.” The hearing will be chaired by Senator Dick Durbin, a longtime opponent of vaping products.
The hearing will take place just two days after the Justice Department and Food and Drug Administration announced they have created a multi-agency coalition of law enforcement organizations, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the US Marshals Service, the Federal Trade Commission, and the US Postal Service, to pursue the underground trade in vaping materials.
The federal task force will focus on several topics, 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 authorities.
“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 Davis, director of the U.S. Marshals Service.
Both the legislative and executive branches are in a hurry to solve the teen vaping epidemic before the public realizes that there isn’t one, according to media reports.
As Michelle Minton wrote for the Reason Foundation last December, “The youth vaping epidemic, declared by the Food and Drug Administration in 2018, appears now to have been more of a teenage fad—one possibly partially fueled by media attention on the issue. But, while the vaping fad may be subsiding, the hysteria surrounding it continues unabated.”
June 12, 2024
FDA: New Joint Task Force to Combat Illegal Vapes

Credit: Heidi
The U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration announced today the establishment of a federal multi-agency task force to combat the distribution and sale of illegal vaping products, including disposable e-cigarettes.
“Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Brian King, director of the FDA’s Center for Tobacco Products. “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.”
Along with the FDA and DOJ, the task force will bring together multiple law enforcement partners, 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), to coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth. Additional agencies may join the task force in the coming weeks and months.
“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 Mizer. “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 federal task force will focus on several topics, 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 authorities.
“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 Davis, director of the U.S. Marshals Service.
According to a press release, violations of these statutes can result in felony convictions, significant criminal fines, and civil monetary penalties. They can also result in seizures of unauthorized products, which can help make illegal e-cigarettes less accessible, including to young people. Through their participation in the task force, USMS will help the FDA and the Department effectuate seizures of unauthorized e-cigarettes within the United States.
“The Justice Department is committed to enforcing the laws that prevent the sale and distribution of unlawful e-cigarettes,” said Principal Deputy Assistant Attorney General Brian Boynton, head of DOJ’s Civil Division. “We will work closely with our Task Force partners to address this crisis with all of the enforcement tools available to us.”
The Federal Trade Commission (FTC), which releases reports about cigarette, smokeless tobacco, and e-cigarette marketing and enforces various statutory and regulatory prohibitions on false and misleading advertising, will support the task force’s activities, including by sharing its knowledge about the marketplace for vaping products.
“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.
June 10, 2024
Study Finds Illegal U.K. Vape Seizures on the Rise
Port of Dover in Kent, U.K. (Credit: Alan)
Vape Club, a U.K.-based online vape retailer, reports that the U.K.’s freight terminals, airports, and seaports are now the unexpected frontline in the battle against the surge in illegal vaping products, with enough seizures for three to be sold every minute.
The report states that major London airports, Manchester and the Port of Dover, are being used as supply routes to “further the U.K.’s illegal vaping epidemic.” The data suggests that these regions saw the highest number of illegal vaping devices seized in 2023, accounting for 42 percent of the U.K.’s total.
In 2023, over one and a half million illegal vapes were seized in the U.K., according to the 2024 Illegal Vaping Report. Kent, home to the Port of Dover, was the local authority with the highest number of illegal vapes seized in 2023 at over a quarter of a million.
Heathrow Airport’s local authority, Hillingdon, seized almost a quarter of a million illegal vapes last year, and Manchester Airport saw 158,434 illegal vapes seized. “The findings raise concerns about the potentially dangerous illegal vapes entering the U.K. at its borders,” the report states.
May 23, 2024