E-cigarette enforcement has been stepped up again! U.S. Department of Justice, FDA, and Six Other Departments Form Joint Task Force to Combat Illegal E-Cigarettes

On June 10, the U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration (FDA) announced the formation of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes.

In addition to the FDA and DOJ leads, the task force will bring together several law enforcement partner agencies, including the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshals Service (USMS), the U.S. Postal Service (USPIS) and the Federal Trade Commission (FTC), and the task force will utilize all available criminal and civil means to combat illegal e-cigarette distribution and sales. Other agencies may join the task force in the coming weeks or months.

This task force will focus on several topics, including the investigation and prosecution of new criminal, civil, seizure, and forfeiture actions under the Cigarette Trafficking Prevention Act, the Federal Food, Drug, and Cosmetic Act, and other acts.

First, by participating in the Task Force, the U.S. Marshals Service will help the FDA and Department of Justice seize unauthorized e-cigarettes within the United States. Violations of the statute can result in felony convictions and significant criminal and civil fines.

Additionally, the DOJ will work with ATF and USPIS to pursue criminal and civil enforcement actions under the Cigarette Trafficking Prevention Act. The Act requires online sellers of e-cigarettes to register with ATF and verify the age of purchasers at the point of sale and delivery, and to comply with tax regulations and state and local laws. This task force will oversee these requirements and coordinate enforcement strategies developed by FDA and the Department of Justice in conjunction with multi-agency partners.

The Director of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) stated, "The Cigarette Trafficking Prevention Act is an important tool in preventing the illegal sale of e-cigarettes to minors online, and ATF looks forward to working with the rest of DOJ, as well as USPIS, to enforce the law."  

The U.S. Postal Investigative Service (USPIS) Chief Investigator stated, "We are committed to working with the Task Force to investigate violations of the Cigarette Trafficking Prevention Act and other distributions of e-cigarettes through the mail."

Finally, the U.S. Federal Trade Commission (FTC), which issues reports on the marketing of cigarettes, smokeless tobacco, and e-cigarettes and enforces a variety of laws and regulatory provisions prohibiting false and misleading advertising, will support the Task Force's actions, including by sharing its knowledge of the market for e-cigarette products.

The Director of the FTC's Bureau of Consumer Protection said, "We look forward to sharing our experience in this rapidly changing, multi-billion dollar market through this important task force." 

To date, the FDA has only authorized the sale of 23 specific tobacco-flavored e-cigarette products and devices, and these are the only e-cigarette products that can currently be legally marketed and sold in the United States.

To combat the illegal sale of unauthorized new tobacco products, including e-cigarettes, the FDA has issued more than 1,100 warning letters to manufacturers, importers, distributors, and retailers, and has filed civil penalty complaints against more than 55 manufacturers and 140 retailers. In addition, the FDA and the Department of Justice have initiated injunctions against six manufacturers, prohibiting them from making and selling unauthorized e-cigarette products.

Dr. Brian King, Director of the FDA's Center for Tobacco Products, said, "Combating illicit e-cigarettes is a multi-pronged problem that requires a multi-pronged response. This 'whole-of-government' approach - including the creation of this task force - will leverage the collective resources and experience of the federal government to address this pressing public health issue. "