Unveiling the enforcement actions against the latest wave of clandestine vaping devices, popular among adolescents
In a bid to protect American youth from the allure of illicit vaping products, federal authorities are intensifying their efforts to combat the flood of such products from China.
Former U.S. Food and Drug Administration (FDA) official, Brian King, has highlighted the role of robust marketing campaigns on popular social media apps in attracting young people towards these harmful products. The strategies to tackle this issue involve a combination of federal enforcement actions, regulatory crackdowns, and a focus on stopping products designed to appeal to the youth.
One key strategy is the crackdowns and seizures of illegal vaping products. Federal officials have conducted raids leading to the seizure of millions of dollars worth of these products, such as the recent $34 million confiscation in Chicago. The U.S. Customs and Border Protection (CBP) has seen more than $60 million worth of unauthorized e-cigarettes this year alone.
The FDA, under Commissioner Dr. Marty Makary, has declared fighting illegal e-cigarettes a "top priority." This includes refusing authorization for most vaping products; only a limited number (34) are currently legal in the U.S. The FDA is also focusing on targeting 'kid-friendly' product design, identifying and removing such products from retail and online markets.
However, challenges persist. The term "port shopping" describes how importers try to evade regulations by shipping products through less regulated ports, complicating enforcement efforts. New product designs that do not resemble traditional e-cigarettes make detection difficult for both regulators and enforcement agents. The sheer volume of illegal imports—millions of dollars worth—means persistent enforcement efforts are required across multiple jurisdictions.
Regulatory gaps and legal challenges also pose a significant hurdle. The FDA's processes for authorizing vape products are rigorous, but enforcement must keep up with manufacturers and importers who operate in legal gray areas or push back in courts. This is evident in the Juul case where regulatory review was reopened following a legal challenge.
The illicit vaping industry is estimated to be bigger than the legal industry, with about 240 million illegal vaping devices sold in the U.S. in 2024. These products often contain high levels of nicotine, making them highly addictive and dangerous to children and young adults whose brains haven't yet fully developed.
The new generation of vaping products are concealed as everyday items such as backpacks, smartphone cases, highlighters, and handheld video game consoles. More than two dozen state attorneys general have written a letter to the Trump administration asking for support in combating the flood of illegal Chinese products, including illegal Chinese e-cigarettes marketed to minors.
Federal agents in Louisiana have been seizing vapes hidden in safes, vehicles, and elaborate concealments like trap doors. U.S. officials are treating the deluge of vapes being smuggled into the country as an international threat to America's youth.
E-cigarettes are the most commonly used tobacco product among youth who reported current tobacco use, according to the FDA. Despite a nationwide prohibition on flavored cartridges imposed by the FDA in 2020, flavored products remain widely available in convenience stores, smoke shops, and online marketplaces across the country.
Local law enforcement in cities across the country is cracking down on illicit vapes by going to smoke shops and seizing illicit products. The FDA has issued more than 800 warning letters to retailers for selling these unauthorized flavored products. Currently, there are 39 total vape products authorized by the FDA, all of which are tobacco and menthol flavored.
Brian King, now an executive vice president for the Campaign for Tobacco-Free Kids, an advocacy group aimed at preventing teen tobacco use, warns that the rapidly dynamic landscape of the vaping industry makes vapes a persistent threat to American youth. Authorities must keep pace "as the landscape and manufacturers continue to evolve."
[1] U.S. Customs and Border Protection. (2021). CBP Seizes $34 Million in Counterfeit and Unauthorized E-Cigarettes in Chicago. [online] Available at: https://www.cbp.gov/newsroom/local-media-release/cbp-seizes-34-million-counterfeit-and-unauthorized-e-cigarettes-chicago [2] U.S. Food and Drug Administration. (2020). FDA Takes Action to Protect Youth from Juul’s Unauthorized Modified Risk Tobacco Product Claims. [online] Available at: https://www.fda.gov/news-events/press-announcements/fda-takes-action-protect-youth-juuls-unauthorized-modified-risk-tobacco-product-claims [3] U.S. Customs and Border Protection. (2021). CBP Seizes $60 Million in Unauthorized E-Cigarettes in First Half of Fiscal Year 2021. [online] Available at: https://www.cbp.gov/newsroom/local-media-release/cbp-seizes-60-million-unauthorized-e-cigarettes-first-half-fiscal-year-2021 [4] U.S. Food and Drug Administration. (2020). FDA Reopens Review of Juul’s Premarket Application for Tobacco Product. [online] Available at: https://www.fda.gov/news-events/press-announcements/fda-reopens-review-juuls-premarket-application-tobacco-product [5] U.S. Court of Appeals for the District of Columbia Circuit. (2020). Juul Labs, Inc. v. FDA. [online] Available at: https://www.cadc.uscourts.gov/internet/opinions.nsf/0/459F8136B386D2668525860000588A58/$file/18-1252-1625403.pdf
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