United States: More shipments of unauthorized electronic cigarettes are being seized by federal officials at US ports; however, thousands of new flavored products from China continue flooding into the country, as per government and industry data AP News reported.
Current vaping market condition in the US
In the US, over 11,500 unique vaping products are being sold off in US stores, which is a big jump of up to 27 percent from 9000 products in June, as per tightly held industry data from analytics firm Circana.
These stats highlight how chaotic America’s US$7 billion vaping market is. It also raises questions about how the US government can stop the flow of fruit-flavoured disposable e-cigarettes used by one in ten American teens and adolescents, AP News reported.
As per a Stanford University psychologist who develops anti-vaping educational materials, Bonnie Halpern-Felsher, “FDA whacks one product and then the manufacturers get around it and the kids get around it,” and added further, “It’s too easy to change your product a little bit and just relaunch it.”
According to the sales data gathered from gas stations, convenience stores, and other shops, nearly all the new products are disposable e-cigarettes. In the first 11 months of this year, the products generated around US$3.2 billion.
Banning items from the US market
A database from the FDA showed that officials “refused” 148 containers or pallets of goods entry last month, which consisted of almost entirely of vaping products from China.
In 2023, US officials had refused 374 such shipments through the end of November, which is more than double the 118 refused in 2022.
Despite a record number of products detained, the rise in sales of e-cigarettes still continues. This year’s items included US$400,000 worth of Esco Bars, which is a disposable brand placed on a list of banned imports in May, AP News report.
Different kinds of maneuvers used by companies
In July 2022, the e-cigarettes from Chinese manufacturer Fume, which included pineapple flavors Ice and Blue Razz, were barred by the FDA.
Although smoke sales dropped after the ban, the company launched many new products, posting US$42 million in US sales in the third quarter of 2023, as per the data. Roughly 98 percent of sales came from products that are not on the FDA’s “red list” of products that can be detained, as per the AP News report.
Industry shipping tactics are also challenging the usefulness of import restrictions.
FDA and customs officials seized US$18 million worth of illegal vapes. This included top brand Elf bar. Moreover, the shipments were wrongly shoes, toys, and other items and not e-cigarettes, which required officials to individually open and verify the contents of more than two dozen containers.
Circana, which used to be IRI, doesn’t let people see the data that they sell to companies and studies.
What steps is the FDA taking?
FDA allowed a few e-cigarettes for adult smokers and is still checking out items from several companies, including Juul. However, the regulators consider almost all other e-cigarettes to be illegal.
FDA’s tobacco director, Brian King, said, “Those committing illegal acts don’t advertise their crimes, and those trying to import illegal tobacco products into the United States are no different,” and added further, “The FDA and our federal partners are using tools, like import alerts, to stop these illegal tobacco products at the border and to deter countless others,” AP News reported.
FDA’s King said, “The FDA has a variety of tools at our disposal to take action against these tactics.”
As per the AP, the agency has limited powers to punish foreign companies. However, the regulators have sent hundreds of warning letters to US stores selling their products, but those are not legally binding.
As the FDA tried to work with customs officials, it had a hard time finishing a year-long review of applications sent by manufacturers who wanted their products to be consumed by adults.
Upset with the slow pace of the FDA’s review, health groups successfully sued the agency to speed up the process. The agency wanted to complete all the big remaining applications this year. However, it would take longer and take the process to next year.
A health policy consultant who previously worked for the American Heart Association, Scott Balli, said, “FDA is trying to operate with an old model when the whole environment has changed,” and added further, “They have this long line of products that have to be reviewed one by one and now they’re in a giant hole,” AP News report.
Nevertheless, few, like Halpern-Felsher of Stanford University, are urging the FDA to ban all the flavored disposable e-cigarettes, which are the products used by most of the 2 million underage teens who vape.
She said, “If we continue down this path that we’re on, we’re just going to have new and continuing generations of young people addicted to nicotine.”