Feds introduce task force against illicit vaping products

The Senate Judiciary Committee held a hearing Wednesday to question officials from the U.S. Food and Drug Administration and U.S. Department of Justice about their enforcement of restrictions on vaping products and e-cigarettes for minors. Sen. Dick Durbin, D-Ill., led the charge, telling Brian King, director of the Center for Tobacco Products at the FDA, that he had completely fallen down on the job.

Why is the hearing being held now? The hearing followed a joint announcement on Monday by the DOJ and the FDA about a new task force aimed at restraining the sale and distribution of illegal vaping products and e-cigarettes. The task force combines the efforts of several law enforcement agencies.

Deputy Assistant Attorney General Arun G. Rao of the DOJ Civil Division’s Consumer Protection Branch said his department looked forward to working with law enforcement partners to develop aggressive solutions to what he characterized as the unique and constantly evolving problem posed by illegal vaping products.

What does the FDA plan to do about it? According to a news release from the agency, the FDA has sent more than 1,200 warning letters to parties responsible for the sale or distribution of unauthorized tobacco products. The FDA also filed approximately 200 civil money penalty complaints against manufacturers and sellers and secured injunctions against six manufacturers of unauthorized e-cigarette products.

Where are these unauthorized products coming from? More than half the illegal vaping products in the United States come from the People's Republic of China, ranking member Raja Krishnamoorthi, D-Ill., of the House Select Committee on the CCP, and Rep. Rob Wittman, R-Va., said in a February letter. It was sent to follow up on a previous letter to which the FDA did not respond. The representatives asked FDA Commissioner Robert Califf to respond to questions explaining the FDA’s enforcement and regulation of illegal vape products.

The letter referenced Elf Bar, a Chinese-manufactured line of e-cigarettes notorious for creating products that would attract minors through color and flavor. Authors for the National Library of Public Medicine reported that 14.1 percent of high school students who use tobacco products used e-cigarettes in 2022.

Acting Associate Attorney General Benjamin C. Mizer said unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans across the country, particularly children and adolescents.

What additional actions are being taken? The task force hopes to bring criminal and civil penalties against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth, according to the FDA’s Monday press release.

“Thus far, our agencies have failed to prevent a wave of youth e-cigarette addiction. I hope this brings meaningful change—the health of our kids depends on it,” Durbin said.

Dig deeper: Read Heather Frank’s report in Relations about how young people are increasingly turning to vaping products.