FDA asks retailers to join illegal vape fight

, 06-Oct-2025

FDA Commissioner Marty Makary has called on retailers to participate in efforts to curb the use of illegal vapes, particularly by young people.

A statement directed at outlets like vape shops, convenience stores and gas stations that Makary says are selling "illegal vaping products marketed to young people with fruit or candy flavours and even marketing gimmicks such as built-in video games and Bluetooth speakers."

The plea has come just a few weeks after a joint operation between the FDA and Customs and Border Protection (CBP) resulted in the seizure of 4.7m illegal vapes – with an estimated value of $86.5m – that were mostly being shipped from China.

The FDA estimates that more than half (54 per cent) of vaping products sold in the US domestic market are illegal, and "frequently" contain harmful chemicals like formaldehyde, lead, and acrolein.

Makary said that the FDA has received questions from retailers who are uncertain about which products they can legally sell, so it has sent out materials to more than 300,000 across the US that detail the 39 vapes and 20 nicotine pouch products that can be legally marketed in the US.

The materials also include educational material, such as a wall calendar of reminders focused on retailer requirements, such as only selling tobacco products to those 21 and older and requiring a photo ID check of anyone under 30, as well as information on searchable FDA resources to check whether products are legal.

"We know that most businesses want to follow the law," said Makary in the notice. "The purpose of this initiative is to help retailers better understand relevant laws and regulations, removing any excuses for noncompliance."

Counterfeit and unapproved vaping products pose a very serious health concern to users as they are likely manufactured in unregulated facilities with unverified ingredients. That is particularly concerning given the outbreak of e-cigarette, or vaping, product use-associated lung injury (EVALI) in the US that peaked in 2019.