GAO Report: DOJ Enforcement Lags in Crackdown on Illegal Vapes

A new report from the Government Accountability Office (GAO) indicates that federal enforcement efforts to combat unauthorized e-cigarettes are failing to keep pace with the scale of the illicit vapor market in the United States. Despite commitments from both the Biden and Trump administrations to crack down on these products, the analysis suggests a significant gap between the prevalence of illegal vapes and the actions taken by the Department of Justice (DOJ).

The GAO report focuses on the DOJ’s efforts to take enforcement actions against unauthorized manufacturers, distributors, and retailers of e-cigarettes. These illicit products, often characterized by fruit and candy flavors, are noted for their particular appeal to minors.

DOJ Enforcement Statistics

Between fiscal year 2022 and fiscal year 2025, the DOJ took a total of 88 civil and criminal enforcement actions. These actions were pursued under the Prevent All Cigarette Trafficking Act of 2009 and the Federal Food, Drug, and Cosmetic Act.

The report details the specific types of enforcement actions taken during this period:

• 50 actions involved adding the names of remote e-cigarette sellers to a list of unauthorized businesses.
• 20 actions consisted of injunctions to stop legal violations.
• Other actions included criminal prosecutions, civil forfeitures, and civil penalty actions.

The GAO found that the DOJ placed the highest number of entities on its noncompliant seller list in fiscal year 2025 alone, with 60 entities added. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to maintain this list of sellers who fail to meet statutory requirements or register with the Attorney General.

Public Health Impact and Youth Use

The scale of the illicit market has direct implications for youth health. Data from the Centers for Disease Control and Prevention (CDC) shows that youth vaping is overwhelmingly driven by illicit disposable vapes. These products are primarily imported from China and sold through specialty smoke shops across the country.

The prevalence of these products is significant; since 2014, e-cigarettes have become the most common form of tobacco product among youth. As of August 29, 2024, more than two million children reported using these products.

Enforcement Challenges and Seizures

While the GAO report highlights a gap in enforcement, there have been specific instances of active intervention. In October 2024, the DOJ helped seize 3 million unauthorized e-cigarettes.

However, anti-smoking advocates argue that such actions pale in comparison to the overall scope of the problem. The analysis suggests that the illicit vapor market continues to outpace the government’s ability to enforce laws, leaving widespread unauthorized products available to consumers, including underage users.

Industry perspectives on the issue vary. Some entities, such as Reynolds American Inc., have called for stronger enforcement to keep illicit products away from minors while advocating for the expansion of authorized alternative products for adult smokers.

Conversely, critics argue that some companies with FDA-authorized products are framing the illicit trade as a public health crisis to address their own concerns regarding market share and unfair competition.

The GAO report underscores the ongoing challenge for the FDA and DOJ to regulate a market where unauthorized, flavored vapes continue to be imported and sold despite federal prohibitions.