Tag: Customs and Border Protections

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

    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.

  • FDA Wants Tracking Numbers of Imported Vapes

    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.

  • US Customs Seizes 53,700 Illegal Flavored Vape Pens

    US Customs Seizes 53,700 Illegal Flavored Vape Pens

    U.S. Customs and Border Protection (CBP) officers in Chicago recently seized 53,700 electronic nicotine delivery systems (ENDS) for violating the U.S. Food and Drug Administration’s Federal Food, Drug, and Cosmetic Act (FD&C Act).

    The shipment, originating from China, was destined for a wholesaler in Mississippi, according to a CBP release.

    The vaping pens were inspected by CBP and the FDA, and it was determined that the shipment violated the FD&C Act as it consisted of adulterated consumer goods being imported by an unauthorized agent. On June 10, the FDA announced the establishment of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes.

    “Our officers are dedicated to identifying and intercepting these types of shipments that could potentially harm the health and wellbeing of people within our communities,” said LaFonda Sutton-Burke, Direction Field Operations, Chicago Field Officer. “Customs and Border Protection’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 illicit goods.”

    The 179 boxes were mislabeled as electronic atomizers, a common practice used to smuggle unapproved goods into the U.S. CBP presumes the products were being sent to a wholesaler for wider distribution throughout the country. CBP continues to work diligently to stop non-legitimate products from entering the U.S. The ENDs had a combined Manufacturer’s Suggest Retail Price of over $1.08 million.

  • US FDA Updates ‘Red List’ for Illegal Vaping Products

    US FDA Updates ‘Red List’ for Illegal Vaping Products

    Credit: Eduardo Barraza

    The U.S. Food and Drug Administration updated its import alert on May 23, which includes a “red list” of manufacturers, distributors, and brands of vapor products that may be detained “without physical examination,” the agency announced.

    The alert authorizes U.S. Customs and Border Protection (CBP) to detain new tobacco products that do not have the required marketing authorization under the Federal Food, Drug and Cosmetic Act, which gives the FDA the authority to regulate all tobacco products.

    The full list of products now includes Chinese manufacturers and distributors as well as U.S. importers and distributors.

    The FDA announced last week that it is taking stronger enforcement actions against unauthorized e-cigarettes. The agency is seeking civil money penalties (CMP) against nine brick-and-mortar retailers and one online retailer for selling unauthorized Elf Bar brand vaping products. The FDA is seeking a penalty of more than $20,000 from each retailer.

    “In order to remove a firm’s product from the Red List, information should be provided to the agency to adequately demonstrate that the firm has resolved the conditions that gave rise to the appearance of the violation,” the FDA states. “The purpose of this is so that the Agency will have confidence that future shipments/entries will be in compliance with the Federal Food Drug and Cosmetic Act (FD&C Act).”

  • U.S. FDA, Customs Seize $18 Million in Illegal Vapes

    U.S. FDA, Customs Seize $18 Million in Illegal Vapes

    Credit: Eduardo Barraza

    The U.S. Food and Drug Administration and U.S. Customs and Border Protection (CBP) have announced that they have confiscated about 1.4 million unauthorized e-cigarette products, including controversial brands like Elf Bar.

    The estimated value of these seized products is over $18 million. The impressive seizure occurred during a three-day joint operation, where 41 shipments containing banned e-cigarettes were found and taken into custody.

    “The FDA is committed to continuing to stem the flow of illegal e-cigarettes into the United States,” said FDA Commissioner Robert Califf. “Unscrupulous companies try everything they can to bring unauthorized, youth-appealing tobacco products into the country. The FDA will remain vigilant, and together with our federal partners, stop these imports before they make it into the hands of our nation’s youth.”

    The FDA and CBP conducted the joint operation at a cargo examination site at Los Angeles International Airport, where the team examined incoming shipments for potentially violative items.

    In preparation for the three-day operation, the team worked for months to review shipping invoices, identify potentially illegal incoming shipments, and complete other investigative work that led to the operation’s success, according to an FDA release.

    Once the merchandise is forfeited to the government, it will be disposed of in accordance with the law; in the case of unauthorized new tobacco products, that generally means they will be destroyed.

    “This enforcement action is a prime example of CBP’s commitment to keeping our communities safe by disrupting the importation of illegal goods into our country,” said Troy A. Miller, senior official performing the duties of the commissioner for CBP. “The rise in illicit e-commerce demands that our agencies remain vigilant in intercepting shipments that could pose serious health risks to the public, including youth, while disrupting the supply chains that bring them to our borders.”

    Upon examining shipments, all of which originated in China, the team found various brands of illegal flavored disposable e-cigarette products.

    In addition to Elf Bar, among the seized e-cigarettes were EB Create products; earlier this year, the manufacturer of Elf Bar 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, among others. In an attempt to evade duties and detection, many of these unauthorized e-cigarettes were intentionally mis-declared as various items such as toys or shoes and listed with incorrect values.

    “Those shamelessly attempting to smuggle illegal e-cigarettes, particularly those that appeal to youth, into this country should take heed of today’s announcement,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “Federal agencies are on to their antics and will not hesitate to take action. The significant value of these seized products is also a sobering reminder to these bad actors that their time and money would be better spent complying with the law.”

    The FDA uses a comprehensive approach to tobacco product compliance and enforcement, taking action against those in the supply chain that violate the law, including manufacturers, importers, distributors and retailers, such as the targeted operations described in today’s announcement.

    The FDA also regularly addresses the importation of illegal e-cigarettes by placing certain firms on an FDA import alert red list, which allows the FDA to detain products without conducting a full inspection at the time of entry, according to the release.

    For example, in May, the FDA placed certain firms associated with unauthorized youth-appealing e-cigarettes on a red list, including firms associated with the Elf Bar brands.

  • U.S. Customs Seizes 77,400 Illegal Cartoon Vapes

    U.S. Customs Seizes 77,400 Illegal Cartoon Vapes

    U.S. Customs and Border Protections (CBP) officers at O’Hare International Airport this week seized 77,400 Rick and Morty vape pens from China that were destined to a distribution company in Georgia. CBP officers found the popular cartoon characters on the packaging and suspected they violated copyright and trademark laws.

    rick and morty vape pen
    Credit: CBP

    Authorities called Warner Bros. and confirmed the company didn’t license their Rick and Morty copyright for vape pens, according to a press release. CBP Import Specialists determined the shipments of vape pens was infringing upon the “Rick and Morty” copyright. The MSRP for the bootleg pens was valued at $1.55 million.

    “Often CBP seizes vape pens because they violate FDA guidelines, but these parcels violate copyright laws which adds to the charges and complexity of the case,” said Shane Campbell, Area Port Director-Chicago. “Counterfeit products are unsafe for consumers, harm the economy, damage the revenue and image of the companies, and could cost American jobs.”