Cracking Down on Illicit E-Cigarette Sales in the U.S.
To evade detection, illicit e-cigarettes are intentionally marketed as toys, shoes, or other items, with false product descriptions and values, according to the FDA.
"Previous warnings were issued to multiple e-cigarette retailers involving the selling and distribution of unauthorized e-cigarette products popular with youth," Dr. Robert Califf, FDA Commissioner, stated in a press release. "Unscrupulous companies will go to great lengths to bring non-authorized tobacco products into the country, targeting young people. The FDA will remain vigilant and work closely with our federal partners to stop these importations before they reach the hands of America's youth."
During a three-day joint operation with U.S. Customs and Border Protection at the Los Angeles International Airport, the FDA confiscated 41 shipments containing illegal e-cigarettes at a cargo inspection station. All products originate from China and have an estimated retail value of over $18 million, as per the FDA. Seized items are confiscated and destroyed.
EB Create, the manufacturer of Funky Republic and Elf Bar, has yet to respond to CNN's request for comment.
In July, the FDA issued warnings to several e-cigarette retailers for selling and distributing unauthorized e-cigarette products, particularly those popular with young people. According to the Centers for Disease Control and Prevention (CDC), many e-cigarette products are brightly colored, and flavored products with fruit or candy flavors have grown increasingly popular among young users.
The FDA sent warning letters to 11 online retailers related to the sale of similar products last Wednesday.
"Absence of a marketing submission does not provide a secure haven for the sale of unauthorized tobacco products," Dr. Brian King, Director of the Center for Tobacco Products at the FDA, said in a statement.
At present, only 23 e-cigarette products and devices featuring a tobacco flavor are FDA-approved for sale in the United States. New products must undergo the legal process for market approval, while existing e-cigarette products are allowed to stay in the market, but the FDA has requested manufacturers to submit applications to retain their products on the market.
The CDC recently highlighted a 46.6% increase in monthly e-cigarette sales from 15.5 million in January 2020 to 22.7 million in December 2022.
"More than one in ten young people in the United States regularly uses e-cigarettes," according to a report by the Centers for Disease Control and Prevention. The National Youth Tobacco Survey 2023, conducted by the FDA, found that Elf Bar is one of the most popular e-cigarette brands among young users.
E-cigarettes contain high concentrations of nicotine, a highly addictive chemical that can significantly harm the adolescent brain.
This year, the American Heart Association issued a warning about the health risks of e-cigarette usage.
"Studies have shown that nicotine-containing e-cigarettes are associated with acute changes in several hemodynamic parameters, including an increase in blood pressure and heart rate," Dr. Jason J. Rose, Chairman of the Scientific Statement Writing Committee for the association and Associate Professor of Medicine at the University of Maryland School of Medicine, stated in a press release.
The group also warns that e-cigarettes may contain other substances, such as Tetrahydrocannabinol (THC), the psychoactive compound in marijuana, Methamphetamine, Methadone, and Vitamins.
In recent months, the FDA has issued more than 650 "Warning Letters" to companies manufacturing and selling new tobacco products without the necessary market authorization. Additionally, the FDA has filed lawsuits against 38 manufacturers and 67 retailers for illegally selling e-cigarettes. Retailers have 15 days to respond and take necessary measures to rectify and prevent violations.
"The FDA will continue to take appropriate action against those who manufacture, distribute, import, and/or sell unauthorized e-cigarette products, particularly those that are the most appealing to young people," the FDA warned.
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The FDA sent warning letters to five online retailers involved in the illegal sale of unauthorized e-cigarette products popular with youth, according to Tobacco Insider[4]. However, the specific value of the seized e-cigarettes related to the five online retailers isn't provided in the report.
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