Juul, once a popular vape choice known for luring teenagers into e-cigarette addiction, is now facing billions of dollars in legal settlements. Puff Bar, which gained popularity in high schools, faced seizures by federal officials. Elf Bar attempted to take its place but had its products seized at the border. Now, a series of similar products such as Virtue Bar, Juicy Bar, Lost Mary, Lost Vape, and more are flooding the market. These illicit e-cigarettes, arriving from China in flashy colors and flavors like fruit, ice cream, and slushy, account for a significant portion of the $5.5 billion e-cigarette market in the United States.
This influx of unauthorized vapes highlights a major enforcement gap by the Food and Drug Administration (FDA). While the FDA has only authorized a few options for sale in convenience stores, a multitude of unregulated products continue to surge in popularity. Members of Congress, state attorneys general, and even tobacco companies are calling on the FDA to take action.
However, some view the tobacco industry’s support as an attempt to maintain market share, while others see it as a sign of a chaotic market. The FDA is facing a challenging task in trying to contain the situation, according to Erika Sward from the American Lung Association.
The FDA claims to have utilized all available tools to crack down on illegal e-cigarettes. However, the fines issued by the agency have been relatively small and primarily targeted a limited number of products at each store. Despite issuing warning letters, flavored vape sales have increased by 60% over the past three years, reaching 18 million products per month in June 2021. This indicates that the FDA’s efforts have had little impact.
When the FDA was given the authority to regulate e-cigarettes in 2016, the goal was to provide smokers with an alternative while keeping tobacco use among minors at historic lows. However, nearly 40% of e-cigarette users are now aged 25 or younger. Out of approximately 2,000 vaping and e-cigarette products on the market, the FDA has authorized only about two dozen, with a backlog of applications still pending.
One area where the problem is particularly evident is in high school bathrooms, where students gather during breaks to indulge in nicotine. Research shows that while vapes may be less toxic than cigarettes, they are still harmful, especially for adolescents with developing brains. The American Heart Association has raised concerns about potential cardiovascular effects, and there is a higher risk of heart attacks among e-cigarette users.
In recent years, the market has shifted towards high-volume vapes with up to 6,000 puffs and higher nicotine concentrations, alluring younger individuals with flavors like birthday shake, gummy bear, and watermelon ice. The prices of these devices have also dropped. Calls for change have grown louder, with state attorneys general urging the FDA to deter youth vaping and ban flavored e-cigarettes.
Even major tobacco companies like R.J. Reynolds have joined the outcry for action, as devices targeted at younger demographics threaten their efforts to convert adult smokers to e-cigarette users. Reynolds’s Vuse e-cigarettes lead in sales, followed closely by Juul.
The FDA insists that it has increased warnings, fines, and injunctions against illegal vape manufacturers, sellers, and distributors. The agency collaborates with the Justice Department prosecutors and has worked with border authorities to intercept unauthorized imports. It has also received funding to track the rapidly changing vape marketplace more closely. In September, the FDA announced fines against gas stations that continued to sell unauthorized Elf Bar products despite receiving warning letters.
E-cigarette makers are required to file applications and provide evidence that their products can help cigarette smokers switch, but not attract new users. The FDA has denied millions of applications, but some popular products like Vuse and Juul vapes are still awaiting final decisions. The lengthy and complex approval process has allowed unauthorized vapes from China, where flavored vapes are prohibited, to flood the market.
This confusion surrounding product status has prompted calls from organizations representing retailers, like convenience stores, for clearer regulations and enforcement.