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New Federal Multiagency Task Force to Curb the Distribution and Sale of Unauthorized E-Cigarettes

In June, FDA and the U.S. Department of Justice (DOJ) announced the creation of a federal multiagency task force to combat the illegal distribution and sale of unauthorized e-cigarettes. The task force will bring together multiple law enforcement partners to coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth.

The federal task force will focus on several topics, including investigating and prosecuting new criminal, civil, seizure and forfeiture actions under the Prevent All Cigarette Trafficking Act of 2009; the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking Prevention and Tobacco Control Act; and other authorities. Violations of these statutes can result in felony convictions and significant criminal fines and civil monetary penalties. They can also result in seizures of unauthorized products, which can help to make illegal e-cigarettes less accessible, including to young people.

Learn More About the Task Force

Federal Agency Task Force Seizes Over $1M of Unauthorized E-Cigarettes

In June, FDA and U.S. Customs and Border Protection (CBP) announced the seizure of 53,700 unauthorized e-cigarette products valued at more than $1.08 million as part of the recently announced federal multiagency task force to address the illegal distribution and sale of e-cigarettes. While FDA and CBP worked together to seize the shipment at the Chicago port of entry, the unauthorized products were intended for a wholesaler based in Mississippi.

The action is part of FDA’s comprehensive approach to enforcing the law in coordination with federal partners. Nine times over the last two years, the FDA and DOJ have initiated injunction proceedings to enforce the Federal Food, Drug, and Cosmetic Act’s premarket review requirements for new tobacco products. In July, FDA and DOJ action led to a permanent injunction against Soul Vapor LLC. In June, injunction proceedings against Boosted LLC led to a consent decree of permanent injunction.

Within the past year, the agency has also taken several first of their kind actions, including coordinating with CBP to seize more than $18 million in unauthorized e-cigarettes during a joint operation at LAX airport. Further, this spring, FDA announced that it coordinated with the DOJ and the U.S. Marshals Service to seize over $700,000 worth of unauthorized cigarettes from a warehouse in California.

FDA Enhances Tobacco Retailer Inspection Database

In June, CTP updated the presentation of information about tobacco compliance check outcomes on the FDA website and expanded the information available. The newly named Tobacco Compliance Check Outcomes database provides an enhanced user experience by housing results of all tobacco retail inspection outcomes in a single location.

The new centralized database offers the ability to search for a variety of compliance and enforcement outcomes among both brick-and-mortar and online retailers, including warning letters, civil money penalties, and no-tobacco-sale orders. In July, the center also published an informational flowchart that further outlines and describes the compliance and enforcement process. The database enhancements and flowchart release reflect CTP’s continued efforts to optimize transparency and communication with stakeholders.

Learn More About Database Updates

Problems with Tobacco Products? Tell FDA.

If you experience a problem with a tobacco product, including e-cigarettes, please report it to the FDA’s Safety Reporting Portal (SRP) using a mobile or desktop device. To use the mobile-friendly version of the SRP tobacco questionnaire, please use the “Report as Guest” option. Visit the SRP to report your health or product problems about a tobacco product.

In Case You Missed It: Recent CTP News

• Comment on Updated Submission Portal for New Tobacco Product Applications Until September 14
• Swedish Match USA, Inc.’s Risk Modification Order for General Snus Products:
  • Tobacco Products Scientific Advisory Committee Met in June to Discuss Renewal
  • Renewal Materials Reposted in July and Comment Deadline Extended to August 14
• Updates from CTP’s Progress Addressing Evaluation Recommendations
• Now Available: PATH Study Location Characteristics Data Files from Waves 1 to 5
• FDA Authorizes Marketing of Four Menthol-Flavored E-Cigarette Products After Extensive Scientific Review
• New Tobacco Data Standards Implementation Guide Released
• FDA Warns Six Online Retailers for Selling Unauthorized E-Liquids Resembling Prescription Drug Bottles
• Update on FDA’s Scientific Review of JUUL Product Applications
• Comment on FDA's Draft Guidance About Bioresearch Monitoring Inspections for Industry Through August 5
• Swedish Match U.S.A., Inc Modified Risk Tobacco Product Renewal Applications — Amendments Posting and Comment Period Closing Date
• CTP Announces Its Next Director of the Office of Management
• Follow-Up Inspections Lead FDA to Seek Fines Against 10 More Retailers for Selling Unauthorized Elf Bar E-Cigarettes
• FDA’s Searchable Tobacco Products Database: Enhanced Search Capabilities and Mobile-Friendly Updates

This newsletter serves as a digest of the latest announcements and stories out of CTP. It is a complement to our Spotlight on Science newsletter and CTP News e-blasts.

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