Law-abiding retailers demand action against illegal vape market • Nevada Current

As state executive director of the Nevada Petroleum Marketers and Convenience Store Association, I represent companies that operate and supply convenience stores. Our members seek to have a positive impact not only on the state’s economy, but also on the well-being of the communities we serve. Today, we face a significant and persistent problem: the market is saturated with illegal vape products, and there is an alarming lack of clarity and action from the Food and Drug Administration (FDA) to address this problem.

To make matters worse, it seems that the FDA cannot even acknowledge that this problem exists. At a national Association At the Tobacco Outlet meeting, I and others were stunned when Brian King, Director of the FDA Center for Tobacco Products, claimed that “illicit markets are not real.” This claim has nothing to do with the reality that retailers face. Nevada and across the country. The existence of illegal vapes is not a matter of opinion; it is a well-documented fact. I would invite Director King to visit every vape shop in Nevada (or anywhere else in the country) and tell us that the hundreds of products he sees for sale there have been reviewed and approved by his agency. He can’t do that.

This discrepancy between regulators and the reality on the ground exacerbates the challenges our members face on a daily basis, as the illusion that the illegal market does not pose a major threat only delays necessary action.

To understand the extent of the illicit market, one only has to look at a 2020 report from the Federal Trade Commission, which found a significant increase in the sale of unauthorized vaping products. By one estimate, the number of vaping devices in the U.S. has tripled since 2020, driven by illegal disposable vaporizers. And despite this rapid increase, the FDA’s response so far has been minimal – a few warning letters and the occasional seizure of illegal vapes – measures that will not significantly curb this problem.

It’s time for the Director of the Center for Tobacco Products to stop pretending this isn’t a problem and step up enforcement efforts instead of taking small, inconsequential steps that don’t meaningfully address the problem. Ignoring the problem won’t make it go away. Instead, FDA must take several immediate actions to effectively combat this crisis.

Approve more products: One of the main reasons we are in this situation is the FDA’s failure to approve the vaping products that adults want. The FDA failed to review all of the tobacco product approval applications submitted nearly four years ago. And of the millions of product applications submitted, only 23 were approved by the agency.

This slow product approval process, which an independent investigation found is driven by political considerations rather than science, has created an environment where legal alternatives are scarce and consumers turn to illegal alternatives. The FDA must speed up the review and approval process for products that meet safety and quality standards to provide consumers with legal alternatives and reduce demand for illegal products.

Increased enforcement: FDA must work closely with the Department of Justice and Customs and Border Protection to shut down the establishments responsible for manufacturing and distributing illegal products. This means not only targeting small-scale sellers, but also going after the larger networks that manufacture and supply these goods. Strong, coordinated enforcement actions will deter illegal activity and help protect the legal market.

Cooperation with professional associations: Our Association and others like them have repeatedly reached out to offer help and insight into the realities of the market. Unfortunately, our efforts have been met with minimal response. FDA must work with industry representatives who are willing to contribute to the solution. By fostering a collaborative relationship, we can develop practical and effective strategies to combat the illicit market.

In Nevada and other states, the evidence is clear: illegal products are widespread and regulatory action has been inadequate. The FDA can continue to bury its head in the sand and pretend the problem doesn’t exist, but that approach will only lead us deeper into the crisis. The illegal market is a massive problem that requires immediate and decisive action. It’s time for the FDA to recognize this reality and work diligently with industry partners to create a compliant, more regulated vapor market.