The FDA has announced that a joint operation with U.S. Border Protection has resulted in the seizure of around 3 million unauthorized vape products worth an estimated $76 million. The operation, which began in July 2024, sought to intercept suspect shipments arriving in the country based on several months of intelligence gathering.
The seized shipments, all of which originated in China, contained vape products from various brands, including highly popular Geek Bar disposables. A photo shared by the FDA showed two cartons discovered in a shipment, both containing Cherry Bomb Geek Bar Pulse devices. This type of vape product, seen as particularly attractive to children and teenagers, has long been a key enforcement focus for the FDA.
In an attempt to avoid detection of these illegal vapes, which currently do not have marketing authorization within the United States, the majority were deliberately mis-declared as items with no connection to vaping or vape products. The declared values of the shipments are also reported to have been wrong, potentially as a way of evading import duties. All 3 million of the products seized and forfeited to the government will be disposed of according to CBP guidelines.
“The FDA is on high alert and, in coordination with our federal partners, remains committed to stopping unauthorized e-cigarettes at our nation’s borders. These products too often end up in kids’ hands, and the newly formed federal task force is well positioned to collectively combat this unscrupulous activity.” – FDA Commissioner Robert M. Califf, M.D.
The huge seizure is the second since the June announcement of the creation of a federal task force to curb the Distribution and Sale of Illegal E-Cigarettes. The first, a seizure of over 53,000 e-cigarettes worth $1M at the Port of Chicago, occurred just weeks after the creation of the federal task force. This latest operation began less than a month after the first.
“This isn’t the first joint seizure operation, and it won’t be the last – we will continue to relentlessly pursue those attempting to smuggle illegal e-cigarettes. The $76 million these bad actors just put in the dumpster should be a sobering reminder that their time and money would be better spent complying with the law.” – Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products
The announcement did not state specifically what action would be taken against the importers of the unauthorized products, aside from the seizure and financial loss. However, acting under the Prevent All Cigarette Trafficking Act and the Federal Food, Drug, and Cosmetic Act gives the FDA and its task force partners the power to investigate and prosecute “new criminal, civil, seizure, and forfeiture actions”. Violations of these statutes can result in felony convictions and significant criminal fines, as well as civil monetary penalties.
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