Federal Task Force Formed to Combat Illegal E-cigarette Sales

According to the announcement made by the Food and Drug Administration (FDA) of the United States on June 10th, the Department of Justice (DOJ) and FDA have announced that they will jointly establish a federal multi-agency task force to combat the illegal sales and distribution of e-cigarettes.

In addition to the FDA and DOJ, the task force will also convene multiple law enforcement agencies to collaborate, including the Alcohol, Tobacco, Firearms and Explosives Bureau (ATF), U.S. Marshals Service, U.S. Postal Inspection Service (USPIS), and Federal Trade Commission (FTC), in order to utilize all available criminal and civil means to combat the illegal distribution and sale of e-cigarettes that lead to nicotine addiction in American youth. In the coming weeks or months, more agencies may join the group.

The federal task force will focus on multiple areas, including investigating and prosecuting new criminal, civil, seizure, and forfeiture cases under the Prevent All Cigarette Trafficking Act (PACT Act), the Federal Food, Drug, and Cosmetic Act (FDCA), and regulations revised by the Family Smoking Prevention and Tobacco Control Act (TCA). Violations of these regulations could result in felony convictions, hefty criminal fines, and civil monetary penalties. Additionally, it could lead to seizures of unauthorized products, helping to reduce the circulation of illegal e-cigarettes, including channels that sell to youth. By participating in this task force, the U.S. Marshals Service (USMS) will assist the FDA and the Department of Justice in seizing unauthorized e-cigarette products within the United States.

The Department of Justice is also coordinating possible criminal and civil enforcement actions under the Prevent All Cigarette Trafficking Act (PACT Act) of 2009 in collaboration with the ATF and USPIS. The PACT Act requires online ENDS product sellers to register with the ATF, verify the age of purchasers at point of sale and delivery, and comply with tax collection regulations and state and local laws. This task force will support these actions and coordinate enforcement strategies with the FDA and Department of Justice along with multiple collaborating agencies.

In addition, the Federal Trade Commission (FTC), which is responsible for releasing reports on the marketing of cigarettes, smokeless tobacco, and e-cigarettes, as well as enforcing various statutory and regulatory bans on false and misleading advertising, will support the activities of this working group, including sharing its knowledge of the e-cigarette product market.

Deputy Assistant Attorney General Benjamin C. Mizer stated:

Unauthorized e-cigarettes and vaping products continue to pose a threat to the health of Americans, especially children and teenagers. This interagency task force is dedicated to combating the illegal sale and distribution of these products in order to protect the health of the American people. The establishment of this task force demonstrates that robust enforcement of tobacco laws is a top priority across the government.

FDA Tobacco Product Center Director Brian King stated:

Cracking down on illegal e-cigarettes is a multidimensional issue that requires a comprehensive approach. This "whole-of-government" strategy, establishing a new task force, will utilize the collective resources and expertise of the federal government to address this urgent public health issue.