The U.S. Food and Drug Administration (FDA) announced yesterday the “seizure of nearly two million units of unauthorized e-cigarette products in Chicago, with an estimated retail value of $33.8 million,” according to a statement.
The seizures, in collaboration with U.S. Customs and Border Protection (CBP), took place in February, and were part of a “joint federal operation to examine incoming shipments and prevent illegal e-cigarettes from entering the country.”
FDA said that during this operation, it uncovered shipments of various illegal e-cigarette products, almost all of which originated in China and were intended for shipment to various U.S. states.
According to the report, all of the e-cigarette products seized in the operation lacked the mandatory premarket authorization orders from the FDA and therefore cannot be legally marketed or distributed in the United States. The products will be disposed in accordance with the law.
“These seizures are another example of coordinated compliance and enforcement actions across federal agencies to curb the distribution and sale of illegal e-cigarettes. In the lead up to this operation, the joint FDA and CBP team identified potentially violative incoming shipments and completed other investigative work. The team was also able to successfully implement several new internal efficiencies and procedures building off previous operations,” FDA said.
“We continue to see an increased number of shipments of vaping related products packaged and mislabeled to avoid detection,” said Acting Director of the FDA’s Center for Tobacco Products Bret Koplow, Ph.D., J.D. “However, we have been successful at preventing these shipments from entering the U.S. supply chain—despite efforts to conceal the true identity of these unauthorized e-cigarette products.”
FDA also said that for the first time, it sent import informational letters to 24 tobacco importers and entry filers responsible for importing these illegal e-cigarettes. The letters advise the recipients that it is a federal crime to make false statements or entries to the U.S. government, and the FDA seeks information on the steps they have taken to ensure compliance with applicable federal tobacco laws and regulations.
It has also issued more than 800 warning letters to retailers for selling these products and filed civil money penalty complaints against 87 manufacturers and over 175 retailers for their distribution or sale.
In January of this year, more than $7 million worth of illegal e-cigarette products were seized from a warehouse in Miami. The 628,000 unauthorized e-cigarette products included mostly flavored, disposable e-cigarettes as well as some packs, kits and batteries and included some brands that may appeal to youth. The products originated in China and were intended for shipment to U.S. states.