In June 2024, the US Food and Drug Administration (FDA) and the Department of Justice (DOJ) announced a joint federal task force to curb the illegal importation, distribution and sale of illegal e-cigarettes. The task force brings together FDA and the Justice Department, multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the U.S. Marshals Service (USMS); the U.S. Postal Inspection Service (USPIS); Customs and Border Control (CBP) and the Federal Trade Commission (FTC).
The goal of the task force is to coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal importation, distribution and sale of e-cigarettes. This may include investigating and prosecuting new criminal, civil, seizure and forfeiture actions under the Prevent All Cigarette Trafficking Act; the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking Prevention and Tobacco Control Act; and other authorities.
Enforcement and seizure operations have been increasing in frequency since the creation of the task force. Below are some of the more prominent operations.
- In October 2024, FDA in collaboration with CBP announced the seizure of approximately 3 million units of unauthorized e-cigarette products, with an estimated retail value of $76 million.
All e-cigarette products seized in this operation and the others which followed lacked the mandatory premarket authorization orders from the FDA. Without a marketing granted order from the FDA, the products cannot be legally marketed or distributed in the U.S
- On September 10, 2025, the U.S. Department of Health and Human Services (HHS), through the FDA announced the seizure of 4.7 million units of unauthorized e-cigarette products at the Port of Chicago. The seized products have an estimated retail value of $86.5 million which is being hailed the largest-ever seizure of unauthorized e-cigarettes.
The seizures were part of a joint federal operation in Chicago to examine incoming shipments and prevent illegal e-cigarettes from entering the country. Almost all the illegal shipments uncovered by the operation originated in China.
Most of these unauthorized e-cigarettes were intentionally mis-declared as items with no connection to vaping products and with incorrect values in an attempt to evade duties and detection.
- Further, on September 10, 2025, US Marshalls and FDA seized 50 truckloads of flavored vaping products from a wholesale distributor based in Bensenville IL that supplies vape shops and smoke retailers nationwide. In a statement to the press the distributor indicated the company is "fully cooperating with the authorities." Further, most of the seized inventory consisted of nicotine e-liquids from 75 brands, many with premarket tobacco product applications still pending at the FDA. Note, FDA has historically permitted continued sales while those applications are under review.
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