Washington — The sale of electronic cigarette devices in the U.S. has surged dramatically, with over 9,000 different devices available since 2020. A significant factor in this surge is the influx of unauthorized disposable vapes from China. These findings, obtained from restricted sales data by The Associated Press, contradict regulatory figures that emphasize the rejection of most requests to sell new e-cigarettes, except those intended for adult smokers.
This data highlights the Food and Drug Administration’s (FDA) ongoing struggle to regulate the volatile vaping market, even three years after implementing stricter regulations on flavors that appeal to minors. The majority of these disposable e-cigarettes, which are discarded after use, are available in sweet and fruity flavors like pink lemonade and gummy bear, making them popular among teenagers. Although technically illegal, the FDA now faces the challenge of addressing the thousands of illegal products sold by under-the-radar importers and distributors.
Most disposable vapes mimic established brands like Elf Bar or Puff Bar, but new varieties are constantly emerging. Companies often copy each other’s designs, blurring the line between genuine and counterfeit. Entrepreneurs can easily create a new product by submitting their logo and flavor requests to Chinese manufacturers, who promise quick delivery of tens of thousands of devices.
While disposable e-cigarettes were once a niche market, they now account for 40% of the approximately $7 billion retail e-cigarette market. According to data from IRI, a retail analytics firm, there are now over 5,800 unique disposable products available in various flavors and formulations. This marks a 1,500% increase from early 2020. The FDA’s earlier ban on flavored cartridge-based e-cigarettes, such as Juul, prompted many teenagers to switch to these newer flavored disposable products that were excluded from the ban.
Foreign manufacturers of prefilled disposable devices do not need to register with the FDA, which limits the agency’s oversight of the industry centered in China’s Shenzhen manufacturing center. Under pressure from various stakeholders, the FDA has recently taken action against some popular disposable brands by issuing warning letters and blocking imports. However, these brands only account for a small portion of disposable sales. Many other brands remain untouched.
According to Dr. Robert Jackler of Stanford University, the vaping industry consistently innovates to circumvent regulations aimed at restricting youth appeal. The FDA’s progress in reviewing the millions of product applications submitted by manufacturers has been significant, but in the meantime, disposable vape makers have found loopholes in the FDA’s oversight. While one loophole has been closed, another backlog of applications for synthetic nicotine products has emerged.
The challenges faced by the FDA in regulating the vaping market demonstrate the need for a comprehensive approach that addresses all entities across the supply chain. The agency is committed to combating illegal e-cigarettes but recognizes that there is no simple solution. Recently released data from IRI provides valuable insights into the vaping market, supplementing government researchers’ figures.
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