Key Points:
The largest joint operation this year: FDA and U.S. Customs seize nearly 2 million illegal e-cigarettes in Chicago, valued at $33.8 million, marking the biggest seizure action of the year.
Crackdown on Chinese products: the seized products mostly originated from China, including brands such as Snoopy Smoke, Raz, OFF-Stamp, and AIRMEZ. According to a report released by Goldman Sachs, Raz and Geekbar have been attributed to other related brands of Guangdong Qisi Technology Co., Ltd, including Raz and Raz LTX.
FDA Issues First Warning Letters to Importers:The FDA has, for the first time, issued formal warning letters to 24 importers, requiring them to submit compliance plans within a set deadline. The agency warned that providing false statements or information to the U.S. government is a federal offense.
First Enforcement Action Announced Under New CTP Leadership:The enforcement announcement marks the first public action under the FDA’s Center for Tobacco Products (CTP) since the appointment of its acting director.
Federal collaboration enhances law enforcement efficiency: The initiative showcases the results of joint enforcement efforts between the FDA and CBP, and successfully implements several new internal process optimization measures.
On May 22, the United States Food and Drug Administration (FDA) announced on its official website that nearly 2 million unauthorized e-cigarette products were seized in Chicago, with a total retail value estimated at around $33.8 million. The FDA stated that these seizures took place in February this year as part of a joint effort between the FDA and US Customs and Border Protection (CBP) to inspect incoming goods and prevent illegal e-cigarettes from entering the US market.
The enforcement team has announced that they have discovered multiple batches of illegal e-cigarette products, nearly all of which originate from China and are intended to be shipped to various states in the United States. FDA and CBP personnel have confirmed that in order to avoid tariffs and evade product safety inspections, the senders of these illegal e-cigarettes often use vague product descriptions and false declared values. Upon further examination, the team confiscated multiple unauthorized e-cigarette brands, including "Snoopy Smoke," "Raz," and "other brands". The FDA's public images also reveal that the mentioned "other brands" include OFF-Stamp, AIRMEZ, and others.
FDA Commissioner Marty Makary said:
"The FDA and federal partners will continue to take stronger measures to prevent illegal e-cigarette products from entering the United States and being circulated within the country. This enforcement action is aimed at preventing unauthorized products from entering the U.S. market, especially to avoid them falling into the hands of young people."
The announcement stated that this seizure is another example of federal agencies collaborating to enforce the law and combat the distribution and sale of illegal e-cigarette products. Prior to this operation, a joint team from the FDA and CBP identified potentially non-compliant imported goods and conducted relevant investigations. Building on past operational experiences, the team successfully implemented several new internal process optimization measures.
Bret Koplow, acting director of the FDA's Center for Tobacco Products, added:
“We continue to discover more and more e-cigarette products attempting to evade inspection through disguised packaging and incorrect labeling. Despite these deceptive tactics, we have successfully prevented these products from entering the U.S. supply chain.”
Acting director of U.S. Customs and Border Protection, Pete Flores, stated:
"Consumers should be aware that e-cigarette products from China may pose dangers, as the production and counterfeit conditions are not safe. These products may contain deadly toxins or narcotics. The Trade Enforcement division of Customs and Border Protection is prioritizing interception of illegal products that could harm American consumers. We will continue to work with our consumer product safety partners to identify and seize unsafe and illegal goods."
The majority of the goods inspected violated the FD&C Act of the FDA, with some products also infringing on intellectual property rights (IPR), such as being seized for unauthorized use of registered trademarks. All e-cigarette products seized in this operation did not have FDA-required market authorization, making their sale and distribution in the United States illegal.
According to the law, goods confiscated by the government will be disposed of in accordance with the law. Unauthorized new tobacco products, including e-cigarettes, are typically destroyed in such cases.
Furthermore, the FDA has issued import alert letters to 24 tobacco importers and declarants responsible for importing these illegal e-cigarettes for the first time.
The letter reminds recipients that providing false statements or information to the U.S. government is a federal crime, and requests them to explain what measures have been taken to ensure compliance with laws and regulations. The letter emphasizes that accurate import information must be declared in the future, otherwise it will be seen as intentionally avoiding FDA review. All companies are required to respond within 30 days, providing the requested information.
Both the FDA and CBP are federal task force members focused on enforcing e-cigarette regulations. Past joint enforcement actions include seizing $18 million in illegal e-cigarettes at Los Angeles International Airport in 2023, seizing $7 million in e-cigarettes at a warehouse in Miami, and conducting operations in Chicago in June and October of 2024, which resulted in the seizure of over $77 million worth of illegal e-cigarette products.
In addition to confiscating goods, the FDA has also issued warning letters to over 750 companies for manufacturing, selling, or distributing unauthorized new tobacco products. At the same time, warning letters were sent to over 800 retailers, and civil fines were brought against 87 manufacturers and over 175 retailers.
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