Combating Illicit Substances: DOJ Enforcement of Unauthorized E-Cigarettes

What GAO Found

Large numbers of unauthorized electronic cigarette (e-cigarette) products and devices continue to be for sale in the U.S., jeopardizing the health of Americans nationally. According to the Centers for Disease Control and Prevention's most recent estimate, there were more than 6,000 e-cigarette products available in the U.S. as of June 2024. Most of these have not been authorized for sale in the U.S. by the Food and Drug Administration (FDA), which reviews such products against health standards.

Three key Department of Justice (DOJ) entities have, or have recently had, key responsibilities and roles related to enforcing applicable laws regarding unauthorized e-cigarettes. These are the Civil Division; the U.S. Attorneys' Offices; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). As to ATF's role, in February 2025, the Attorney General directed ATF to shift resources from its alcohol and tobacco enforcement programs to other departmental priorities. However, as of January 2026, ATF continued to maintain DOJ's list of e-cigarette delivery sellers who have not registered with the Attorney General as required by statute, or who are otherwise not in compliance with statutory requirements. Individuals are considered e-cigarette delivery sellers if they make remote sales (e.g., online sales of e-cigarettes) to consumers.

DOJ can pursue various enforcement actions to stop the manufacture, distribution, and sale of unauthorized e-cigarettes under the following key statutes:

• The Federal Food, Drug, and Cosmetic Act, which prohibits the distribution of e-cigarette products that are adulterated or misbranded in interstate commerce
• The Prevent All Cigarette Trafficking Act of 2009, which, since 2021, has prohibited the sale and delivery of e-cigarettes that fail to comply with excise tax, shipping, and age verification requirements, among others.

In addition, DOJ may pursue prosecutions against unauthorized e-cigarette manufacturers, distributors, and retailers under other criminal laws, as appropriate. For example, DOJ may take enforcement actions under criminal laws that may apply to unauthorized e-cigarettes. These include laws related to conspiracy, wire fraud, and trafficking in counterfeit goods.

DOJ took 88 civil and criminal e-cigarette-related enforcement actions under these laws in fiscal year 2022-which is generally when DOJ began taking enforcement actions related to e-cigarettes-through fiscal year 2025. DOJ took the largest number of enforcement actions (60) in fiscal year 2025, due primarily to an increase in the number of entities placed on DOJ's list of noncompliant e-cigarette delivery sellers.

E-Cigarette-Related Enforcement Actions Taken by Department of Justice Entities, Fiscal Years 2022-2025, by Law

Note: The enforcement actions shown are a criminal prosecution, statutory injunction proceedings, civil forfeiture actions, civil penalty actions, and placements on the list of unregistered or noncompliant e-cigarette delivery sellers. Enforcement actions under the Prevent All Cigarette Trafficking Act of 2009 that resulted in placement on the list of unregistered or noncompliant e-cigarette delivery sellers (50 actions) were taken in the fiscal year in which the entity was placed on the list. All other identified enforcement actions were taken in the fiscal year in which the action was initiated.

DOJ officials stated that the number of e-cigarette-related enforcement activities they perform is small relative to their other responsibilities. Therefore, DOJ officials said they have not needed to assess the resources required for their respective efforts. For example, based on GAO's analysis and information provided by the Executive Office for U.S. Attorneys and the Civil Division, we identified 24 e-cigarette-enforcement cases filed by U.S. Attorneys' Offices, either on their own or jointly with the Civil Division, since fiscal year 2022. Further, DOJ agency officials generally agreed that the number of e-cigarette cases is too small to support a meaningful assessment.

In June 2024, DOJ and FDA established an interagency task force to address e-cigarette enforcement. DOJ officials stated that the task force goals include: (1) serving as a hub for information sharing among task force members and other federal law enforcement partners; and (2) enhancing coordination of enforcement actions to address the illegal distribution and sale of e-cigarettes. Additionally, officials stated that DOJ's specific role is to facilitate communication among task force members.

The task force members collaborated on several joint actions, including the following:

• An October 2024 joint action resulting in the seizure of 3 million e-cigarette products that originated in China with an estimated retail value of $76 million
• A September 2025 joint action resulting in the seizure of more than 2 million illicit vaping products taken from distributors and retailers across seven different states.

Why GAO Did This Study

GAO was asked to review DOJ and FDA efforts to combat unauthorized e-cigarettes. This report provides information about DOJ's efforts to take enforcement actions against unauthorized retailers, distributors, and manufacturers of e-cigarettes.

GAO reviewed DOJ's relevant authorities to take enforcement actions against unauthorized e-cigarette retailers, distributors, and manufacturers, as articulated in two primary statutes and additional criminal laws. GAO analyzed DOJ enforcement data and verified the information in public case documents, as available. In addition, GAO interviewed officials responsible for managing and overseeing these enforcement actions.

For more information, contact Triana McNeil at [email protected].