In a joint operation between the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP), approximately 1.4 million units of unauthorized e-cigarette products were seized, successfully preventing their entry into the U.S. market. This seizure, valued at over $18 million, included popular brands such as Elf Bar, which is widely used among youth e-cigarette users.

The three-day operation, conducted at Los Angeles International Airport, resulted in the seizure of 41 shipments containing illegal e-cigarettes. The FDA Commissioner, Robert M. Califf, M.D., expressed the agency's commitment to halt the importation of illegal e-cigarettes, particularly those appealing to the youth. Unscrupulous companies often attempt to bring unauthorized youth-focused tobacco products into the country, but the FDA and its federal partners remain vigilant to stop these imports from reaching the hands of young individuals.

Months of preparation preceded the operation, with the FDA and CBP reviewing shipping invoices and conducting investigative work to identify potentially violative incoming shipments. Once the merchandise is forfeited to the government, it will be disposed of in accordance with the law, usually through destruction in the case of unauthorized new tobacco products.

Troy A. Miller, Senior Official Performing the Duties of the Commissioner for CBP, emphasized the agency's dedication to ensuring community safety by disrupting the importation of illegal goods. He stated that the rise in illicit e-commerce demands vigilance to intercept shipments that pose serious health risks to the public, especially youth, while also disrupting the supply chains associated with these products.

All the seized shipments originated from China and contained various brands of illegal flavored disposable e-cigarette products. Recent data from the 2023 National Youth Tobacco Survey revealed that disposable e-cigarettes are the most commonly used e-cigarette type among U.S. youth. Additionally, the survey showed that nearly 90% of current e-cigarette users prefer flavored options, with fruit, candy, desserts, and mint flavors topping the list.

Several other brands, including EB Create, Lost Mary, Funky Republic, RELX Pod, and IPLAY Max, were also among the seized e-cigarettes. The unauthorized e-cigarettes were often intentionally mis-declared as toys or shoes and listed with incorrect values in an attempt to evade detection and duties.

Brian King, Ph.D., M.P.H., director of the FDA's Center for Tobacco Products, warned those attempting to smuggle illegal e-cigarettes, especially those appealing to the youth, that federal agencies are monitoring their actions and will take decisive action against them. The significant value of the seized products serves as a reminder that compliance with the law would be a better use of time and resources for these bad actors.

The FDA employs a comprehensive approach to enforce tobacco product compliance and takes action against manufacturers, importers, distributors, and retailers found to be in violation. The agency also places certain firms on an FDA import alert red list, detaining products associated with unauthorized youth-appealing e-cigarettes without conducting full inspections upon entry.

To date, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices for legal sale in the United States. The distribution and sale of unauthorized new tobacco products are subject to compliance and enforcement actions. Warning letters have been issued to firms for manufacturing, selling, and distributing new tobacco products without FDA authorization. Civil money penalties have been filed against 38 e-cigarette manufacturers and 67 retailers, with additional complaints for permanent injunctions against firms marketing illegal e-cigarettes. The FDA will continue to take appropriate action against those involved in the unauthorized manufacturing, distribution, importation, and sale of e-cigarette products, particularly those that are most appealing to youth.