Authorities step up measures to address unauthorized e-cigarette sales

The battle against illegal e-cigarettes has intensified as federal and state authorities take action to protect young people from the thousands of unauthorized, flavored products that are flooding the market.

Over the past several years, single-use or disposable e-cigarettes have proliferated, while also becoming bigger, stronger, and cheaper. Disposable e-cigarettes sold in the U.S. nearly tripled in nicotine strength, quintupled in e-liquid capacity, and dropped in price by nearly 70% between 2017 and 2022, with some new products containing 29X the volume of a single JUUL pod.

Thousands of these unauthorized e-cigarettes are being sold illegally, both in stores and online, and even on social media platforms like TikTok. In many cases, age verification can easily be evaded: a 2024 study found most online shops allow customers to self-verify their age.

To date, the FDA has authorized only 34 e-cigarette products, all tobacco or menthol flavored. Yet, thousands of unregulated products remain on store shelves — many in youth-appealing flavors like cotton candy or gummy bear — posing a threat to young people’s health. Fortunately, two significant developments are helping to curb the sale of these illegal products, taking a step in the right direction toward protecting our nation’s young people.

A multi-agency task force has been created to crack down on illegal e-cigarettes

On June 10, 2024, the Department of Justice (DOJ) and U.S. Food and Drug Administration (FDA) announced the creation of a federal task force to address the sale of illicit e-cigarettes. The task force will enlist the help of multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Federal Trade Commission (FTC), to tackle the distribution and sale of unauthorized e-cigarettes. If products are found in violation, retailers will have to remove them from the shelves.

Ohio Attorney General announces new campaign targeting illegal e-cigarettes

One month after the federal task force’s creation, Ohio Attorney General Dave Yost announced a new campaign to combat the flood of illegal e-cigarettes streaming into the state. This action represents an important step in protecting youth and young adults at the state level and should serve as an example for other attorneys general across the nation. Attorney General Yost’s press release made it clear that unless an e-cigarette was one of the 27 products authorized by the FDA, the device is illegal in Ohio.

Actions to combat unauthorized e-cigarettes come at a crucial time

With more than 2 million middle and high school students using e-cigarettes, and one in four of those reporting daily use, these initiatives come at a crucial time. As Attorney General Yost stated in his press release, this is a consumer protection issue and these products pose a real danger, especially to young people. Nicotine addiction is harmful to developing brains, and high rates of daily use could put young users at risk for nicotine addiction.

Truth Initiative applauds these actions taken to address illegal e-cigarettes and urges all retailers to act swiftly and in compliance with these regulations to ensure a safer future for our young people.