Customs and Border Protection seizes $86.5 million in illegal vapes

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(The Center Square) – U.S. Customs and Border Protection announced the seizure Wednesday of 4.7 million illegal e-cigarette products with an estimated retail value of $86.5 million – the largest-ever seizure of its kind.

The seizures were part of a joint federal operation in Chicago. Nearly all the illegal shipments uncovered by the operation originated in China. FDA and CBP officials found that many shipments contained vague and misleading product descriptions with incorrect values – an apparent attempt to evade import duties and the review of products for import safety concerns.

"We will never allow foreign actors to threaten the health of America's children," said HHS Secretary Robert F. Kennedy Jr. "Today we took decisive action to protect kids from illegal vape products."

The seizure is part of a broader strategy to curb childhood vaping. Federal authorities are also going after the practice of "port shopping," where importers repeatedly move products between ports to avoid taxes and scrutiny.

"The FDA and our federal partners are taking strong actions to shore up America’s borders and stop the flow of illegal vaping products into our country," said FDA Commissioner Dr. Marty Makary. "Americans – especially our children – should not be using potentially dangerous, addicting products that have been snuck into the U.S. If a product has not been authorized by the FDA, CBP will seize, detain or destroy it."

In total this year, the FDA and CBP have stopped more than 6 million unauthorized e-cigarettes worth over $120 million from entering the country.

All e-cigarette products seized in this operation lacked the mandatory premarket authorization orders from the FDA and therefore cannot be legally marketed or distributed in the U.S. 

In addition to the seizures, the FDA contacted 37 importers and import entry filers regarding their actions.

"These firms were responsible for importing these illegal e-cigarettes and were advised that it is a federal crime to make false statements or entries to the U.S. government," according to the federal agency. "The FDA reminded the firms of their responsibility to ensure the products they import comply with U.S. requirements and that their import entries must contain complete and accurate information moving forward."

The FDA requested the firms to respond to the letters within 30 days with the requested information.