Bondi and HHS Secretary RFK Jr. Announce Multi-State Seizure of Illegal Flavored Vapes

Attorney General Pam Bondi and U.S. Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday announced a multi-state enforcement action targeting illegal flavored electronic cigarettes, unveiling a cache of products seized at a warehouse in Bensenville, Illinois.

Bondi said the sweep, carried out by a joint task force, included civil enforcement actions and seizures at distributors and retailers and warned shops to remove the products from shelves. "If you have it, get rid of it," she said, calling the move a "final warning" to sellers of the devices. Kennedy said the operation reflected growing concern about the flood of foreign-made products into the U.S. market and credited the task force for the coordinated action.

Federal officials said the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Food and Drug Administration and the U.S. Marshals Service executed seizures at five distributors and six retailers across North Carolina, Arizona, Illinois, New Jersey, Georgia and Florida shortly before Bondi and Kennedy visited the Bensenville site. The Justice Department filed civil enforcement actions against five distributors and nine retailers for selling devices it described as illegal and often smuggled from abroad.

Kennedy, who criticized federal regulatory delays, said Chinese-made products have "flooded the market," noting about 9,000 brands of e-cigarettes are being sold in the country and that only roughly 27% have FDA approval. He also blamed the approval process for U.S.-based alternatives moving more slowly to market. "This will not be tolerated any more, there's a new sheriff in town, her name is Pam Bondi," Kennedy said at the Bensenville announcement.

The Justice Department said the investigation into the distributors began in August after undercover purchases of vaping products that federal officials allege were marketed to children and designed to evade regulatory oversight. Officials said many of the products were labeled deceptively as toys or electronics to bypass customs inspections. They also said the devices are banned in China but are widely manufactured there for export.

Federal officials and public health authorities say the single-use and cartridge devices pose significant health risks to young people because they frequently contain undisclosed or unregulated chemicals and do not meet FDA safety standards. The officials noted that many vape retailers are located close to public schools, increasing the potential for youth exposure.

Regulatory and legal battles over flavored e-cigarette products have been ongoing. The Trump administration enacted a nationwide restriction in 2020 on certain flavored single-use and cartridge vaping devices marketed as attractive to children. The FDA has continued to restrict products lacking agency authorization, while manufacturers have pursued legal challenges with mixed results. In April the Supreme Court backed some FDA restrictions on flavored vapes, and in July the court issued a ruling that plaintiffs said made it easier for e-cigarette companies to sue the agency over product rejections.

The Justice Department said the civil enforcement actions seek to stop distribution and sales of the devices and to compel compliance with federal law. The department did not immediately provide a tally of the total number of devices seized or details about any pending criminal prosecutions. Bondi and Kennedy said the enforcement effort would continue and urged retailers and distributors to ensure products on their shelves complied with federal requirements.