WASHINGTON, D.C. — The U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration (FDA) are joining forces to confront the illegal distribution and sale of e-cigarettes, an issue fueling nicotine addiction, particularly among American youth. The agencies announced the formation of a federal multi-agency task force, drawing on resources from multiple law enforcement partners.
This collaborative effort will pool resources and expertise from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshals Service (USMS), the U.S. Postal Inspection Service (USPIS), and the Federal Trade Commission (FTC). Together, they aim to coordinate their efforts and use all available criminal and civil tools to counteract the illegal e-cigarette industry.
The task force will pull no punches in implementing stringent enforcement of the tobacco laws, according to Acting Associate Attorney General Benjamin C. Mizer. The DOJ, led by Principal Deputy Assistant Attorney General Brian Boynton, is committed to utilising all enforcement tools at their disposal to address this growing crisis.
The goal of this initiative, says Deputy Assistant Attorney General Arun G. Rao, is to counteract the widespread availability of illegal Electronic Nicotine Delivery Systems (ENDS) products, and to develop innovative solutions to this rapidly evolving challenge.
“Curbing the widespread availability of illegal ENDS products is a top priority of the Justice Department’s consumer protection efforts,” said Deputy Rao. “Together with our law enforcement partners, we look forward to advancing aggressive and innovative solutions to the unique and constantly evolving problem of illegal vaping products.”
The FDA’s Director of the Center for Tobacco Products, Dr. Brian King, emphasizes the need for a comprehensive approach to tackle the issue. So far, only 23 specific tobacco-flavored e-cigarette products and devices are lawfully authorized for marketing and selling in the U.S.
“Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Dr. Brian King, director of the FDA’s Center for Tobacco Products. “This ‘All Government’ approach – including the creation of this new Task Force – will bring the collective resources and experience of the federal government to bear on this pressing public health issue.”
The task force will focus on multiple areas, including prosecution of new criminal and civil actions for violations of statutes such as the PACT Act and the Federal Food, Drug, and Cosmetic Act (FDCA). The aim is to seize unauthorized products, make illegal e-cigarettes less accessible, and help realise these seizures with the assistance of the USMS.
The Justice Department also plans to collaborate with the ATF and USPIS on potential criminal and civil enforcement actions under the Prevent All Cigarette Trafficking Act of 2009. This Act is key in preventing the unlawful online sale of e-cigarettes to minors, and will be supported by the newly announced task force.
It’s clear that the U.S. Marshals Service is ready to play its part, according to Ronald L. Davis, its Director. “The U.S. Marshals Service Asset Forfeiture Division stands ready to work with our Task Force partners in the seizure of unauthorized e-cigarettes from domestic distributors seeking to sell them unlawfully,” said Davis.
Meanwhile, ATF Director Steven M. Dettelbach and Chief Postal Inspector Gary R. Barksdale stress their commitment to investigating PACT Act violations and enforcing the laws governing e-cigarette distribution.
“The PACT Act is an important tool for preventing the unlawful sale of e-cigarettes to minors online. ATF looks forward to working with other components of the Department of Justice and USPIS to enforce the law,” said ATF Director Dettelbach.
“The U.S. Postal Inspection Service is committed to working with the Task Force to investigate violations of the PACT Act and other statutes that govern the distribution of e-cigarettes through the mails,” stated Barksdale.
The formation of this formidable task force signals the federal government’s solid commitment to protecting the health of Americans, particularly the younger generation, from the ill effects of nicotine addiction caused by unlawful e-cigarette distribution.
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