The U.S. Food and Drug Administration and U.S. Customs and Border Protection (CBP) announced they have seized approximately 1.4 million unauthorized vaping products, including controversial brands like Elf Bar.
The seized products are estimated to be worth more than $18 million. The impressive seizure follows the discovery and seizure of 41 consignments containing banned e-cigarettes during a three-day joint operation.
"The FDA is committed to continuing to stem the flow of illegal e-cigarettes into the United States," said FDA Commissioner Robert Califf. "Unscrupulous companies are doing everything they can to bring unauthorized tobacco products that appeal to young people into the country. "The FDA will remain vigilant and work with our federal partners to stop these imported products before they get into the hands of our nation's young people."
The FDA and CBP conducted a joint operation at a cargo inspection point at Los Angeles International Airport, where teams inspected incoming shipments for potential violative items.
In preparation for the three-day operation, the team spent months reviewing shipping invoices, identifying potential illegal incoming shipments and completing other investigative work that led to the successful operation, according to an FDA release.
Once goods are seized by the government, they will be disposed of according to law; for unauthorized new tobacco products, this usually means they will be destroyed.
“This enforcement action is a prime example of CBP’s commitment to keeping our communities safe by preventing illegal goods from being imported into our country,” said Troy A. Miller, the senior official performing the duties of CBP Commissioner. ) explain. “The rise of illegal e-commerce requires our agencies to be vigilant in interdicting shipments that may pose serious health risks to the public, including youth, while disrupting the supply chains that move them to our borders.”
After inspecting all shipments from China, the team discovered various brands of illegal flavored disposable e-cigarette products.
In addition to Elf Bar, the e-cigarettes seized also included EB Create products; earlier this year, the manufacturer of Elf Bar began marketing the product under the names "EB Design" and "EB Create."
Other brands seized include Lost Mary, Funky Republic, RELX Pod and IPLAY Max, among others. To evade duties and inspections, many unauthorized e-cigarettes are deliberately misdeclared as various items such as toys or shoes, and listed with incorrect values.
"Those who shamelessly seek to smuggle illegal e-cigarettes into this country, especially those that appeal to young people, should take note of today's announcement," said Brian King, director of the FDA's Center for Tobacco Products (CTP). "Federal agencies are aware of their antics and will not hesitate to take action. The substantial value of these seized products also makes these bad actors soberly aware that their time and money would be better spent complying legally."
FDA takes a comprehensive approach to tobacco product compliance and enforcement, taking action against offenders in the supply chain, including manufacturers, importers, distributors, and retailers, such as the targeted actions described in today's announcement.
The FDA also regularly addresses the importation of illegal e-cigarettes by placing certain companies on the FDA Import Alert Red List, which allows the FDA to detain products without conducting full inspections upon importation, according to the release.
In May, for example, the FDA red-listed certain companies associated with unauthorized e-cigarettes that appeal to youth, including those associated with the Elf Bar brand.