Food and Drug Administration Commissioner Marty Makary issued a statement Tuesday encouraging retailers to stop selling illegal vapes.
“Too often, retailers in communities are selling illegal vaping products marketed to young people with fruit or candy flavors and even marketing gimmicks such as built-in video games and Bluetooth speakers,” Makary said. “The FDA has not authorized any such products, which are mainly illegally imported from China.”
As part of the FDA’s broader strategy to combat the crisis of youth vaping, the agency is launching an initiative to increase voluntary compliance from retailers, including vape shops, convenience stores and gas stations.
The purpose of the initiative is to help retailers better understand relevant laws and regulations, removing any excuses for noncompliance, the agency said.
Makary said that as much as 54% of vaping products sold nationally are illegal and contain chemicals such as formaldehyde, lead and acrolein—materials more commonly found in industrial textiles and pesticides.
To help retailers with compliance, the FDA is mailing materials to more than 300,000 retailers nationwide containing a list of the 39 vapes and 20 nicotine pouch products that can be legally marketed in the United States, information on accessing FDA’s new Searchable Tobacco Product Database and new tobacco retailer education materials.
“We know that most businesses want to follow the law,” Makary said. “We are particularly interested in increasing compliance around the distribution and sale of illegal vaping products, which are often marketed to, and widely consumed by, American teens.”
Mailings will begin this fall and additional free resources, including a digital age verification calendar, can be found through the FDA’s Tobacco Education Resource Library.
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