U.S. FDA: Cooperate With The Department Of Justice To Establish A Federal Multi-agency Task Force To Combat Illegal E-cigarette Sales

U.S. FDA: Cooperate with the Department of Justice to establish a federal multi-agency task force to combat illegal e-cigarette sales

The U.S. Department of Justice (DOJ) and the FDA announced that they will jointly establish a federal multi-agency task force to combat illegal e-cigarette sales. Multiple law enforcement agencies, including the FDA and the Department of Justice, will take criminal and civil measures to prevent teenagers from becoming addicted to nicotine.

According to the U.S. Food and Drug Administration (FDA) on June 10, the U.S. Department of Justice (DOJ) and the FDA announced that they will jointly establish a federal multi-agency task force to combat the illegal sale and distribution of e-cigarettes.

In addition to the FDA and DOJ, the task force will also convene multiple law enforcement agencies to cooperate, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshals Service, the Federal Postal Inspection Service (USPIS) and the Federal Trade Commission (FTC) to use all available criminal and civil means to combat the illegal distribution and sale of e-cigarettes that cause nicotine addiction among American teenagers. More agencies may join the group in the coming weeks or months.

The federal task force will focus on multiple areas, including investigating and prosecuting new criminal, civil, seizure and forfeiture cases under the Prevention of Cigarette Trafficking Act (PACT Act), the Federal Food, Drug, and Cosmetic Act (FDCA), and related statutes amended by the Family Smoking Prevention and Tobacco Control Act (TCA). Violations of these statutes can result in felony convictions, significant criminal fines, and civil monetary penalties. Additionally, they can result in the seizure of unauthorized products, thereby helping to reduce the circulation of illegal e-cigarettes, including sales to youth. Through its participation in the task force, the U.S. Marshals Service (USMS) will assist FDA and DOJ in seizing unauthorized e-cigarette products within the United States.

DOJ is also working with ATF and USPIS to coordinate potential criminal and civil enforcement actions under the Prevention of Cigarette Trafficking Act of 2009 (PACT Act). The PACT Act requires online sellers of ENDS products to register with ATF and verify the age of purchasers at the point of sale and delivery, as well as comply with tax collection provisions and state and local laws. The task force will support these actions and coordinate enforcement strategies between FDA and DOJ with multiple partner agencies.

In addition, the Federal Trade Commission (FTC), which is responsible for issuing reports on the marketing of cigarettes, smokeless tobacco and e-cigarettes and enforcing various statutory and regulatory prohibitions against false and misleading advertising, will support the activities of the task force, including sharing its understanding of the e-cigarette product market.

Acting Deputy Attorney General Benjamin C. Mizer said:

"Unauthorized e-cigarettes and vaping products continue to endanger the health of people across the United States, especially children and teenagers. This interagency task force is committed to combating the illegal sale and distribution of these products to protect the health of Americans. The establishment of this task force demonstrates that vigorous enforcement of tobacco laws is a whole-of-government priority."

Brian King, Director of the FDA's Center for Tobacco Products, said:

"Fighting illegal e-cigarettes is a multi-pronged problem that requires a multi-pronged response. This 'whole-of-government' approach - the establishment of this new task force - will leverage the collective resources and experience of the federal government to address this pressing public health issue."