By Timothy S. Donahue
Key points:
- In February 2025, the FDA and U.S. Customs and Border Protection (CBP) seized nearly two million units of unauthorized e-cigarette products in Chicago, valued at approximately $33.8 million.
- The seized products, primarily originating from China, were found to be mislabeled and undervalued to evade detection, violating the Federal Food, Drug, and Cosmetic Act.
- The operation is part of ongoing federal efforts to prevent the illegal importation and distribution of unauthorized e-cigarettes, with previous seizures totaling over $77 million in 2024.
In a significant enforcement action, the U.S. Food and Drug Administration, in collaboration with U.S. Customs and Border Protection (CBP), announced the seizure of nearly two million units of unauthorized vaping products at the Chicago port of entry.
The operation, conducted in February 2025, uncovered products with an estimated retail value of $33.8 million, marking one of the largest seizures of its kind to date. The intercepted shipments, predominantly originating from China, were found to contain various brands of unauthorized e-cigarettes, including Snoopy Smoke and Raz.
Investigators noted that many of the shipments were deliberately mislabeled with vague descriptions and incorrect values, a tactic aimed at evading import duties and regulatory scrutiny, according to an FDA press release. The allegations are violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which mandates accurate labeling and premarket authorization for nicotine products.
“The FDA, working with our federal partners, can and will do more to stop the illegal importation and distribution of e-cigarette products in the United States,” said FDA Commissioner Marty Makary. “Seizures of illegal e-cigarettes keep products that haven’t been authorized by the FDA out of the United States and out of the hands of our nation’s youth.”
The operation is part of a broader federal initiative to curb the influx of unauthorized e-cigarette products into the U.S. market. In 2024, similar joint operations by the FDA and CBP led to the seizure of illegal e-cigarettes valued at over $77 million in Chicago alone.
Bret Koplow, acting director of the FDA’s Center for Tobacco Products (CTP), highlighted the challenges posed by these illicit shipments: “We continue to see an increased number of shipments of vaping-related products packaged and mislabeled to avoid detection. However, we have been successful at preventing these shipments from entering the U.S. supply chain – despite efforts to conceal the true identity of these unauthorized e-cigarette products.”
In addition to the seizures, the FDA has taken further steps to address the issue at its source, according to the release. For the first time, the agency sent import informational letters to 24 tobacco importers and entry filers associated with the confiscated vaping products.
The letters serve as a warning about the legal ramifications of providing false information to the U.S. government and request detailed responses within 30 days outlining measures taken to ensure future compliance with federal tobacco laws and regulations.
The seized products, lacking the mandatory premarket authorization, are considered adulterated under the FD&C Act and are subject to destruction in accordance with federal law.
