Thousands of Illegal Vaping Devices Flooding US Despite FDA Crackdown: Report

Thousands of types of illegal vaping devices, mostly from China, are flooding the U.S. despite an FDA crackdown, a new report says.

The number of different electronic cigarette devices sold in America has nearly tripled to over 9,000 since 2020, according to the Associated Press in data obtained from the analytics firm IRI.

The boost in sales has been driven almost entirely by a wave of unauthorized disposable vapes from China, according to tightly controlled sales data obtained by The Associated Press.

The report is a stark contrast to regulators' own figures, which they have said they have rejected nearly 99 percent of company requests to sell new e-cigarettes while authorizing only a few meant for adult smokers, CBS News reported.

On their website, the FDA says they are “committed to protecting the public health of all Americans while regulating an addictive product that carries health risks.” Adding, “to date, no e-cigarette has been approved as a cessation device or authorized to make a modified risk claim.”

However, that isn’t stopping illegal vaping devices from entering American markets, according to the Associated Press’ report.

“The AP found that the FDA has been unable to keep up with a flood of illegal disposable e-cigarettes from China,” the Associated Press reported. “Their influx has forced the agency to try to eliminate thousands of illegal products sold by under-the-radar importers and distributors.”

The Associated Press reported that the increase in vaping devices has been almost exclusively driven by Chinese-manufactured disposables.

There are than 5,800 disposables currently being sold in U.S. stores, which is up more than 1,500% from 356 disposables available in early 2020, according to the Associated Press report.

Disposable vaping devices made up 40 percent of the roughly $7 billion retail market for e-cigarettes in 2022, according to data from analytics firm IRI obtained by the AP.

The company's proprietary data collects barcode scanner sales from convenience stores, gas stations and other retailers, according to CBS News.

The FDA effectively banned all flavors except menthol and tobacco from cartridge-based e-cigarettes, however, flavored disposable vaping devices are still on the market and illegally sold, according to CBS News.

The FDA's policy, which was formulated under President Donald Trump, excluded disposables, prompting many teens to simply switch from Juul to the newer, flavored products.

"The FDA moves at a ponderous pace and the industry knows that and exploits it," Dr. Robert Jackler of Stanford University, who has studied the rise of disposables, told CBS News. "Time and again, the vaping industry has innovated around efforts to remove its youth-appealing products from the market."

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