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Investigation into US market opened following influx of illegal imports: '[Bar] these products from entering the country'

If the probe leads to an exclusion order, unauthorized products could be blocked at the border — before they ever reach store shelves.

Photo Credit: iStock

The U.S. International Trade Commission has launched a probe into the unauthorized vaping products that are flooding the American market, Bloomberg reported.

What's happening?

Reynolds American subsidiaries, the maker of Vuse e-cigarettes, brought their case to the ITC in January. The filing named 16 companies, including Heaven Gifts International, the brand behind Elf Bar and Geek Bar, and several affiliated firms that sell those products in the United States.

At the center of the probe is a simple question: Has rule-breaking within the vaping industry fed a booming black market that pulls sales away from companies following the law?

Only a small number of e-cigarettes have the Food and Drug Administration's sign-off. The agency has repeatedly turned down applications for fruity flavors over concerns they could hook teenagers on nicotine. That hasn't stopped stores from stocking unauthorized devices in flavors such as pixie dust and bubbleberry.

"We are hopeful this investigation will lead to an exclusion order barring these products from entering the country to ensure a fair market among legitimate companies and adult nicotine consumers, underpinned by science and appropriate regulation," Reynolds wrote in a statement to Bloomberg. 

The company is a subsidiary of British American Tobacco, which trades on the U.K. stock exchange.

Why are illicit vapes a problem?

Devices that dodge FDA review may carry high nicotine levels or untested chemicals. That's a concern for teens and young adults. Sweet, candy-like flavors are designed to grab attention, and the health consequences of vaping at a young age include lung injuries, nicotine dependence, and lasting respiratory trouble.

There's a waste angle here, too. Each disposable vape features plastic housing, electronic components, and a lithium battery. Most end up in the trash or on the ground, feeding the plastic pollution problem and piling onto the country's toxic e-waste burden.

Those lithium batteries are especially dangerous in landfills and garbage trucks, as they can leak chemicals and spark fires at waste facilities.

What's being done about illicit vapes?

If the ITC probe leads to an exclusion order, unauthorized vaping products could be blocked at the border — before they ever reach store shelves. The FDA has stepped up crackdowns on retailers that stock unapproved devices. Several states have moved to ban flavored e-cigarettes.

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You can play a part, too. If you or someone you know uses e-cigarettes, look for products with FDA authorization.

When you see a store that sells unauthorized vapes, report it to the FDA through its portal. And when it's time to get rid of a used device, drop it off at a local e-waste collection point instead of throwing it in the trash.

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