Press Releases

Congresswoman Celeste Maloy (R-UT) and Congressman Raja Krishnamoorthi (D-IL) led 10 other members of the Bipartisan Congressional Caucus to End the Youth Vaping Epidemic in a letter to the Department of Justice urging greater enforcement in prosecuting illegal flavored vaping products not authorized by the Food and Drug Administration (FDA) while requesting an update on the scale of enforcement activities on vapes.

“FDA, to date, has not authorized a flavored vaping product. Yet unauthorized vaping products, the majority of which come from the People’s Republic of China (PRC), have flooded the market and continue to contribute significantly to underage vaping rates,” the Members wrote. “According to the latest data available, among young people who reported e-cigarette use, more than one in four used e-cigarettes daily in 2023, and over a third reported using e-cigarettes at least 20 days in a month. Flavors attract kids to tobacco products and nine out of ten youth e-cigarette users preferred flavored e-cigarettes, with 56 percent of users using the most popular reported brand, Elf Bar, which has not been authorized by FDA.”

To assess the scale of enforcement activities and better understand the Department of Justice’s approach to enforcement, the Members requested responses to the following questions by May 30, 2024:

(1)  How many vapor or vapor-related cases has the Food and Drug Administration (FDA) referred to DOJ? How many vapor or vapor-related cases have the DOJ investigated or prosecuted in the last three years? How many, if any, such referrals are currently pending with the DOJ?

(2)  What is the referral or investigation process from the FDA to the DOJ? Has DOJ provided FDA with guidance regarding the type(s) of vapor cases that are appropriate for referral to DOJ? Separate from referrals from the FDA, has the DOJ initiated any investigations relating to vapor, or vapor-related products during the last three years?

(3)  What is the DOJ’s internal review process or procedure once a referral has been received from the FDA? What factors are considered in declining or proceeding with a vapor, or vapor-related case? For each referral, please indicate whether DOJ took action and the amount of time that occurred between the referral and DOJ taking action.

(4)  Is there a unit within the DOJ focusing on prosecuting vapor or vapor-related crimes? Would such a unit be helpful? Does the DOJ have sufficient resources or expertise to litigate vapor-related referrals from the FDA?

(5)  Does the DOJ have plans to initiate further civil or criminal proceedings for egregious violations by manufacturers, wholesalers, or distributors, including injunctions and criminal prosecution? What constraints or obstacles prevent the DOJ from taking action?

You can read the full text of the letter here.