During a recent government meeting, officials discussed the growing concern over the prevalence of illicit products in the marketplace, particularly in the vaping industry. A key point raised was the apparent causal relationship between the slow approval process for legal products and the surge of unauthorized items available to consumers. Currently, only 34 vaping products have received FDA authorization, representing a mere 11% of the market, leaving approximately 89% of products unregulated.

The conversation highlighted the FDA's enforcement strategy, which has predominantly targeted smaller retailers rather than larger manufacturers. Critics pointed out that while the FDA has issued civil monetary penalties against smaller vape shops, there has been a lack of significant enforcement actions against major manufacturers, many of which are based in China. This has raised questions about the effectiveness of the current regulatory approach.

In response, FDA officials acknowledged the need for a comprehensive enforcement strategy that encompasses all levels of the supply chain, including retailers, importers, and manufacturers. They emphasized that no entity is exempt from enforcement if they lack authorization, regardless of their size. However, they also noted that current enforcement efforts could be enhanced with additional resources, particularly since 90% of their enforcement budget is allocated to e-cigarette products, and they do not collect fees from this category.

The discussion underscored the challenges faced by regulatory bodies in managing the vaping market and the urgent need for more robust enforcement mechanisms to address the overwhelming number of illicit products.