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WASHINGTON– Federal officials are seizing more shipments of unauthorized e-cigarettes at U.S. ports, but thousands of new flavored products continue to arrive in the country from China, according to government and industry data reviewed by The Associated Press.
The figures underscore the chaotic state of the country’s $7 billion vaping market and raise questions about how the U.S. government can stem the flow of fruit-flavored disposable e-cigarettes used by 1 in 10 American teenagers. .
More than 11,500 unique vaping products are sold in U.S. stores, up 27% from 9,000 products in June, according to well-collected industry data from analytics firm Circana.
“The FDA rejects a product and then manufacturers avoid it and kids avoid it,” said Bonnie Halpern-Felsher, a psychologist at Stanford University who develops anti-vaping educational materials. “It’s very easy to change the product a little bit and just relaunch it.”
Halpern-Felsher says she “constantly” updates her curriculum to keep up with new vaping brands and trends.
Almost all of the new products are disposable e-cigarettes, according to sales data collected at gas stations, convenience stores and other stores. The products generated $3.2 billion in the first 11 months of this year.
The FDA has authorized some e-cigarettes for adult smokers and is still reviewing products from several major companies, including Juul. Almost all other e-cigarettes are considered illegal by regulators.
“Those who commit illegal acts do not publicize their crimes, and those who attempt to import illegal tobacco products into the United States are no different,” FDA tobacco director Brian King said in a written response to AP questions. “Federal partners are using tools, like import alerts, to stop these illegal tobacco products at the border and deter many others.”
The rise in e-cigarette sales continues despite a record number of detained products.
An FDA database shows that last month officials “denied” entry to 148 containers or pallets of “tobacco” products, which consisted almost entirely of vaping products from China. Rejected imports are usually destroyed.
As of late November, US officials had rejected 374 such shipments this year, more than double the 118 rejected in 2022.
This year’s items included $400,000 worth of Esco Bar bars, a disposable brand included on a list of banned imports in May. The data released by the agency is often preliminary because it takes time to finalize denials.
But recent history shows how easily companies can get around import bans.
In July 2022, the FDA banned dozens of e-cigarettes from Chinese manufacturer Fume, including the Pineapple Ice and Blue Razz flavors.
Smoke sales fell after the ban, but the company launched a number of new products and posted $42 million in U.S. sales in the third quarter of 2023, data shows. Approximately 98% of sales came from products that are not on the “red list” of products that can be detained by the FDA.
The industry’s shipping tactics are also calling into question the usefulness of import restrictions.
In July, FDA and customs officials intercepted $18 million worth of illegal vaporizers, including the leading brand Elf Bar. But the shipments were mislabeled as shoes, toys and other items (not e-cigarettes), forcing officials to open and individually check the contents of more than two dozen containers.
Circana, formerly IRI, restricts access to its data, which it sells to companies and researchers. A person not authorized to share it gave access to the AP on condition of anonymity.
The FDA does not have a timeline for updating its import lists, but said it is “closely monitoring” cases where companies try to avoid detection.
“The FDA has a variety of tools at our disposal to take action against these tactics,” said the FDA’s King.
The agency has limited powers to penalize foreign companies. Instead, regulators have sent hundreds of warning letters to U.S. stores that sell their products, but they are not legally binding.
Even as the FDA tries to work with customs officials, it is struggling to complete a yearlong review of applications submitted by manufacturers hoping to market their products to adults.
The few flavored tobacco products currently authorized by the FDA are deeply unpopular. Their combined sales were just $174 million, or 2.4% of the vaping market this year, according to Circana.
“No one wants them,” says Marc Silas, owner of the 906 Vapor store in Michigan. “If people wanted them, they would be on the shelves and they aren’t.”
Deeply frustrated with the pace of the FDA’s review, public health groups have successfully sued the agency to speed up the process. The agency had aimed to complete all pending major applications this year, but recently said the process would be extended into next year.
The delays have raised questions about the viability of the current regulatory framework for e-cigarettes.
“The FDA is trying to operate with an old model when the entire environment has changed,” said Scott Ballin, a health policy consultant who previously worked for the American Heart Association. “They have a long line of products that need to be reviewed one by one and now they are in a giant hole.”
An alternative approach would be to make decisions on entire classes of e-cigarettes, rather than individual products.
Initially, the idea came from small vape manufacturers who didn’t have the money to conduct the large studies typical of FDA applications. Public health advocates concerned about the persistence of underage vaping have embraced it.
Stanford University’s Halpern-Felsher is among those urging the FDA to ban all flavored disposable e-cigarettes, the products used by most of the 2 million underage teens who vape.
“If we continue on this path we are on, we will have new and continuing generations of young people addicted to nicotine,” he said.
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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.
US seizes more illegal e-cigarettes, but thousands of new ones are launching