Sens. Dick Durbin (D-IL) and Thom Tillis (R-NC), along with Reps. Herb Conaway Jr. (D-NJ-03) and Celeste Maloy (R-UT-02), have introduced legislation to crack down on illicit vape products. The Strengthening Task Force Operations to Prevent Illicit Vaping Act (S.T.O.P. Illicit Vaping Act) would bolster a federal multi-agency task force, led by the Department of Justice (DOJ) and the U.S. Food and Drug Administration (FDA), to coordinate enforcement, information sharing and strategy to combat the illicit importation, distribution and sale of unauthorized e-cigarettes.

CDA submitted letters of support to all four of the S.T.O.P. Illicit Vaping Act co-sponsors expressing the association’s gratitude for the introduction of the legislation and expressing CDA’s willingness to work with them and the multi-agency task force to continue to combat the illicit e-cigarette market. Read the letters here.

In 2024, the DOJ and FDA established a task force to crack down on illicit vapor products, including the utilization of criminal and civil tools to bear against the illicit manufacture, importation, distribution and sale of e-cigarettes from China and other foreign countries.

The S.T.O.P. Illicit Vaping Act would formally codify the existing multi-agency task force and direct the group to develop and implement a comprehensive strategy for reducing the number of unauthorized e-cigarettes on the market. The task force would be comprised of the Attorney General and the Secretary of Health and Human Services (HHS), as well as representatives from FDA; DOJ; Customs and Border Protection (CBP); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); U.S. Marshals Service; U.S. Postal Inspection Service (USPS); Federal Trade Commission (FTC); the Department of Homeland Security (DHS); and other federal agencies as appropriate.

The task force would be directed to meet on an annual basis and submit a report to Congress detailing authorities, actions taken and recommendations for additional criminal or civil authorities needed to address the public health threat of the illicit importation, distribution and sale of e-cigarettes.

CDA previously reported that the FDA has set up an online portal and an email address for the public to report suspected violations of federal tobacco regulations. Information about a potential violation, including the sale of illicit vapor products, can be provided to the FDA’s Center for Tobacco Products (CTP) through the online portal. Also, a potential violation can be reported to the FDA via email at CTPCompliance@FDA.hhs.gov.