US makes massive bust of illegal e-cigarettes

The authorities in the US have intercepted 4.7m units of unauthorised e-cigarette products with an estimated retail value of $86.5m, which has been billed as the largest-ever seizure of its kind.

The haul – almost all of which was marked as being shipped from China – was netted in a joint operation between the US medicines regulator, the FDA, and Customs and Border Protection (CBP) officers.

FDA and CBP said their personnel determined that many of these shipments contained vague and misleading product descriptions with incorrect values, in an apparent attempt to evade duties and the review of products for import safety concerns.

The FDA has also contacted 37 importers and import entry filers to ask them to explain that it is a federal crime to make false statements or entries to the federal government, asking for replies within 30 days.

A recent report from Euromonitor estimates that the global illicit e-cigarette market is now valued at $47bn, accounting for 13 per cent of the nicotine industry, with the volume impact of illicit e-vapes now comparable to the size of illicit cigarettes.

"The FDA and our federal partners are taking strong actions to shore up America’s borders and stop the flow of illegal vaping products into our country,” said FDA Commissioner Marty Makary, adding that the action is part of a broader strategy by the agency against childhood vaping.

That also includes a block on port shopping, a tactic used by importers to reroute vape products through multiple US ports in an effort to avoid detection, as well as educating parents about the dangers of vaping and working with store owners nationwide to prevent the sale of illegal products.

"Americans – especially our children – should not be using potentially dangerous, addicting products that have been snuck into the U.S. If a product has not been authorised by the FDA, CBP will seize, detain or destroy it," said Makary.

In total this year, the FDA and CBP have stopped more than 6m unauthorised e-cigarettes worth over $120m from entering the country.

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.

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