Juul, once a popular vape brand blamed for its appeal to teenagers, is facing billions of dollars in legal settlements. Puff Bar, another popular vape brand among high school students, was also targeted by federal officials and its products were seized. Elf Bar, which followed Puff Bar, faced similar issues with its products being confiscated at the border. Now, a flood of imitation vape brands like Virtue Bar, Juicy Bar, Lost Mary, Lost Vape, and others are emerging. These illicit e-cigarettes are arriving from China in various colors and flavors, dominating a significant portion of the $5.5 billion e-cigarette market in the US.
This influx of illegal vapes has revealed a lack of enforcement by the Food and Drug Administration (FDA). Despite calls from Congress, state attorneys general, and even Big Tobacco companies, the FDA has only authorized a few e-cigarette options for sale in convenience stores. The agency has issued fines and warning letters, but the impact has been minimal. Flavored vape sales have actually increased by 60% in the past three years. The tobacco industry’s recent pleas to control the market have been seen by anti-smoking groups as an attempt to protect their market share.
The FDA has struggled to regulate e-cigarettes since gaining authority in 2016. About 40% of e-cigarette users are 25 or younger, and the FDA has only approved a small fraction of the thousands of e-cigarette products on the market. This regulatory failure is particularly concerning in high schools, where many students are addicted to nicotine from vaping. Research has shown that while vapes may be less toxic than cigarettes, they still pose health risks, especially for adolescents.
Advocates, state attorneys general, and lawmakers have demanded more action from the FDA. Some have criticized the agency for not using its full enforcement powers, resulting in continued sales of unauthorized flavored vapes. Even major tobacco companies like R.J. Reynolds have called for stricter regulations to protect public health and prevent the sale of vapes targeting young people. The FDA has defended its efforts, stating that it has increased warnings, fines, and injunctions, and is working closely with prosecutors and border authorities to crack down on illicit vape sales. The agency also plans to track the ever-changing vape marketplace more closely.
The FDA has required e-cigarette manufacturers to submit applications to sell their products, but the lengthy and opaque approval process has allowed unauthorized vapes to enter the market. Many of these unauthorized vapes come from China, where flavored vapes are illegal. While the FDA is set to make final decisions on pending applications, the influx of unauthorized vapes remains a significant issue for public health and regulation.
