The largest threat to providing adults with potentially less harmful alternatives is the massive proliferation of illegal products that are coming into the United States–mainly from China. Only ~20% of the products sold in the U.S. have been authorized by FDA. Illegal products, primarily disposable vapor products, now account for approximately $10 billion per year, representing around 80% of U.S. e-vapor sales.
The vast majority of these products are illegal for sale in China, but are being sold freely in the U.S. The Chinese manufacturers of these products have profited billions by evading FDA regulation, misbranding and mislabeling their products, and engaging in marketing tactics that attract youth. What Americans have experienced is an out-of-control market filled with illegal products that have questionable ingredients and increase underage use.
To bring law and order to the U.S. market, the federal government should demand the Chinese government immediately stop all exports of these illegal products to the U.S., and stop the importation of all illegal products at our borders. In addition to stemming the tide of this wave of illegal products being imported into the country, FDA must enhance domestic enforcement action against retailers and distributors. Juul Labs commends the steps taken by the FDA and partner agencies thus far, but a sustained multi-agency enforcement program is necessary.. Continuing the status quo will only enrich these smuggling cartels, increase the prevalence of underage use, and harm the opportunity for adults who smoke to switch to less harmful alternatives that have undergone the proper scientific review.
Of course, enforcement on its own will not work. Enforcement must be accompanied by FDA authorizing products that adults who use nicotine want to use, including well regulated and appropriately marketed flavored products.