The U.S. Food and Drug Administration (FDA) has announced the seizure of more than 628,000 unauthorized e-cigarette products, valued at over $7 million, from a warehouse in Miami, Florida. The successful operation was a collaborative effort between the FDA, U.S. Homeland Security Investigations, and U.S. Customs and Border Protection.
Flavored and Disposable E-Cigarettes Among Seized Products
The seized products primarily consisted of flavored, disposable e-cigarettes, as well as packs, kits, and batteries. Brian King, director of the FDA’s Center for Tobacco Products, emphasized the importance of an “All Government” approach in preventing the entry of unauthorized e-cigarettes into the United States, stating that this action is a step in the right direction.
Customs and Border Protection Uncovers Illegal Shipments
The seizures originated from warehouse sweeps conducted by Customs and Border Protection, which uncovered various illegal e-cigarette products shipped from China and intended for distribution in multiple U.S. states. Homeland Security Investigations agents determined that the products had been intentionally misdeclared and undervalued, common tactics used to evade duties and detection.
FDA Confirms Lack of Premarket Tobacco Authorization
Upon referral to the FDA, field agents from the Center for Tobacco Products and Office of Inspections and Investigation confirmed that the e-cigarette products lacked the mandatory premarket tobacco authorization, rendering them unauthorized for marketing or distribution in the U.S. Standard practices for forfeited products include disposal in accordance with the law, which generally means destruction for unauthorized new tobacco products, including e-cigarettes.
Federal Task Force Focuses on E-Cigarette Enforcement
In June 2024, the FDA and Department of Justice announced the formation of a joint federal task force dedicated to e-cigarette enforcement. The seizure of the unauthorized vape products in Miami serves as an example of the coordinated enforcement actions across federal agencies to curb the distribution and sale of illegal e-cigarettes.
To date, the FDA has authorized only 34 e-cigarette products and devices, which are the sole e-cigarette products that may be lawfully sold in the United States. The FDA’s Searchable Tobacco Products Database provides information on tobacco products that may be legally marketed in the country.
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