US 10/22 E-cigarette seizures: FDA targets big brands in 'deterrent' move, inter-agency enforcement may become the norm

Oct.25.2024
US 10/22 E-cigarette seizures: FDA targets big brands in 'deterrent' move, inter-agency enforcement may become the norm
FDA and CBP jointly seized 3 million unauthorized e-cigarette products worth $76 million, the largest bust in FDA history.The FDA's multi-agency enforcement actions against popular major brands in certain markets require not only short-term measures, such as obtaining Submission Tracking Numbers (STNs), but also long-term planning. Companies are advised to incrementally improve compliance capabilities, establish dedicated compliance departments, and conduct regulatory research to mitigate potent

The US Food and Drug Administration (FDA) and US Customs and Border Protection (CBP) recently conducted a joint operation that resulted in the seizure of approximately 3 million unauthorised e-cigarette products with an estimated retail value of up to $76 million. This is the largest amount ever seized by the FDA. In response to this operation, 2Firsts spoke to several lawyers and compliance professionals who have long monitored the e-cigarette industry.

 

Tang Shunliang, partner at Tianyuan Law Firm and a legal expert in new tobacco areas such as e-cigarettes, and Zheng Zhi, PMTA certification consultant, also discussed their observations and assessments of the event.

 

In the face of a larger scale joint official action and intensified crackdown, they expressed that companies must not only apply for an STN number in the short term as a reaction measure, but also plan for the long term. By gradually improving compliance capabilities and establishing compliance departments for regulatory research, companies can avoid potential legal risks and market losses in the future.

 

 

Industry lawyer warns of 'crackdown as a deterrent' to enforcement in the sector

 

 

Tang Shunliang, a partner at Tianyuan Law Firm and a legal expert on new tobacco products such as e-cigarettes, emphasised that the recent joint enforcement action by the FDA and US Customs sends a strong deterrent signal in addition to its regulatory significance.

 

Tang noted that this enforcement action was not without "warning signs". The FDA has issued numerous warning letters in recent years as part of its Premarket Tobacco Product Application (PMTA) process, signalling a steady increase in regulatory scrutiny of the e-cigarette industry.

 

While the FDA does not have a nationwide enforcement team, it has targeted popular brands in key markets. Tang described this approach as "enforcement as a deterrent", noting that non-compliance by major brands has a broader impact on the market and consumers.

 

"The announcement specifically naming 'GEEKBAR' reflects the FDA's strategy to focus on high-impact brands to regulate the entire industry through such targeted actions," Tang explained.

 

According to Tang, the FDA-Customs joint enforcement was not a random selection, but a calculated move. The compliance of big brands has a lot of influence, which makes them prime targets. Unlike China's nationwide tobacco control network, the FDA's enforcement prioritises large companies as a form of warning.

 

Tang also provided legal context, explaining that the US lacks a comprehensive enforcement network for e-cigarette regulation. Therefore, cooperation between the FDA and Customs is filling this gap. He expects such inter-agency actions to become routine, especially targeting e-cigarette companies that evade duties by misclassifying goods and values.

 

 

PMTA compliance experts: PMTA enters critical phase, companies should respond proactively

 

 

Zheng Zhi, a PMTA compliance consultant with expertise in FDA tobacco regulations, also provided an in-depth analysis of this latest enforcement action.

 

Zheng highlighted that while the FDA began its compliance review of e-cigarette products in 2019, the process has been relatively slow due to the wide range of products involved. Despite the proximity of the 2024 enforcement action to the US presidential election, Zheng noted that these actions are the result of the natural progression of compliance measures rather than purely political motivations.

 

"The FDA's inaction or slow PMTA process has long drawn criticism from multiple fronts. Now, with improved regulations, streamlined procedures and key roles filled, the FDA is ready to accelerate compliance efforts. This action is both a reflection of regulatory pressure and a milestone before the election," commented Zheng.

 

He specifically mentioned that many companies are currently relying on Submission Tracking Numbers (STNs) as a temporary safeguard. However, this approach won't ensure market compliance in the long run. Over time, FDA requirements will increase and companies will need to obtain more advanced compliance certifications, such as Acceptance Letters or File Letters, which will present new challenges.

 

"In my opinion, STNs are only a short-term measure. In the future, more companies will need to meet higher compliance standards, such as obtaining PMTA Acceptance Letters or File Letters. This will raise the bar in terms of resources and skills, making it manageable only for top-tier companies, while smaller companies may struggle to survive or will need to incrementally improve compliance to remain competitive," he explained.

 

 

Future outlook: Enforcement likely to evolve into coordinated inter-agency effort

 

 

Both Tang Shunliang and Zheng Zhi addressed potential enforcement trends regarding misclassification of e-cigarette products and customs evasion.

 

Zheng noted that the recent cooperation between US Customs and the FDA may be just the beginning. As more federal agencies get involved, the regulatory landscape for the e-cigarette industry is expected to become more comprehensive and stringent.

 

"Customs' role may extend beyond simply seizing illegal products; it may increasingly work with the Department of Justice and other federal agencies to create a multi-layered regulatory network. For companies trying to enter the market through illegal means, this could mean no escape," Zheng said.

 

He believes that future US regulation of e-cigarettes will be tightened, with seizures only the first step. Actions involving "grey customs" could even lead to criminal charges. To mitigate such risks, Zheng emphasised the need for companies to accelerate compliance efforts by establishing dedicated compliance teams to ensure their products meet US and international regulatory standards.

 

"For e-cigarette companies with global ambitions - whether brand owners or manufacturers - setting up compliance departments and conducting regulatory research will be essential steps. Compliance is a systematic process, similar to the medical or pharmaceutical industries, and ignoring it could have disastrous consequences," Zheng stressed.

 

Both Tang and Zheng advised that companies need not only short-term solutions but also long-term strategies to gradually improve compliance and avoid potential legal risks and market setbacks.

 

"With US regulatory pressure increasing towards the end of the year, market entry now requires strict adherence to regulatory requirements. Only by raising compliance standards can companies hope to 'survive' in this highly competitive landscape," added Tang.

 

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Australia’s TGA Places Nicotine Pouches Under Therapeutic Goods Rules From July 24, Blocking Imports of Unapproved Products
Australia’s TGA Places Nicotine Pouches Under Therapeutic Goods Rules From July 24, Blocking Imports of Unapproved Products
Australia is strengthening controls on nicotine pouches under its existing therapeutic goods regulatory framework. According to the Therapeutic Goods Administration (TGA), nicotine pouch products must meet regulatory requirements, and unapproved products cannot be legally imported. The move follows Australia’s broader approach of maintaining strict oversight of nicotine products, including nicotine-containing vapes. As nicotine pouches expand globally, Australia’s regulatory approach highlights growing differences in how countries manage emerging smoke-free nicotine products.
Regulations
Jul.27
Kaival Brands Explores Nicotine Pouches as Smaller Nicotine Companies Seek Smoke-Free Growth
Kaival Brands Explores Nicotine Pouches as Smaller Nicotine Companies Seek Smoke-Free Growth
U.S. nicotine company Kaival Brands Innovations Group is exploring opportunities in nicotine pouches and other modern nicotine products, reflecting a broader shift among smaller nicotine businesses beyond traditional vaping products.
Jul.17
Altria Smokeable Profit Rises 2.4% as Marlboro Share Falls and U.S. Discounts Gain
Altria Smokeable Profit Rises 2.4% as Marlboro Share Falls and U.S. Discounts Gain
Altria’s second-quarter results show a U.S. nicotine market splitting across price, product and regulation. Smokeable profit rose 2.4% as Marlboro pricing offset lower volumes, while discount brand Basic gained share among value-conscious smokers. In oral nicotine, on! PLUS expanded distribution but faced intensifying competition from ZYN and Velo. NJOY remained off the market as patent and regulatory hurdles delayed its return. The broader lesson: U.S. growth increasingly depends on price-tier strategy, retail execution, authorisation and enforcement readiness across the industry.
Special Report
Jul.31
Product | SKE Launches FRESA PRO in the U.S., Introducing Fresh Lock Technology for E-Liquid Management in High-Capacity Vapes
Product | SKE Launches FRESA PRO in the U.S., Introducing Fresh Lock Technology for E-Liquid Management in High-Capacity Vapes
Shenzhen SKE Technology has launched the FRESA PRO in the United States, a high-capacity rechargeable disposable vape featuring Fresh Lock electromagnetic valve supply control technology. The device combines a claimed capacity of up to 40,000 puffs, dual mesh coils, dual output modes and a transparent tank design. The launch reflects the high-capacity disposable vape segment’s shift from puff-count competition toward improved e-liquid management and device-level experience.
Aug.03
Former ATF Official’s Claims on Chinese Vape Companies and 6-Methyl Nicotine Fuel US Regulatory Debate
Former ATF Official’s Claims on Chinese Vape Companies and 6-Methyl Nicotine Fuel US Regulatory Debate
Former ATF Deputy Director Edgar Domenech has warned that some Chinese vape companies may be using 6-methyl nicotine, a nicotine analogue, raising new questions over how US regulators should classify emerging nicotine compounds.
Jul.13
FTC Scrutinizes Fifty Bar’s “Made in America” Claims as Vape Marketing Faces New Compliance Risk
FTC Scrutinizes Fifty Bar’s “Made in America” Claims as Vape Marketing Faces New Compliance Risk
The Federal Trade Commission sent a warning letter to Lucky Bar Holdings LLC over “Made in the USA” claims tied to Fifty Bar vape products, saying staff had reason to believe the products may be imported in whole or in significant part despite unqualified U.S.-origin marketing claims.
Jul.20