Durbin blasts health and law enforcement officials over illegal e-cigarettes used by teens

CHICAGO - Illinois Sen. Dick Durbin blasted top health and law enforcement officials for not doing more to combat the rise of illegal electronic cigarettes among young people in the U.S., a multibillion-dollar business that has flourished amid haphazard enforcement.

The Illinois Democrat sent a letter to the Government Accountability Office, urging them to review the FDA's and Department of Justice's policies regarding e-cigarettes.

"Nearly all e-cigarettes are sold in violation of federal law, yet 2 million kids report vaping," Durbin tweeted.

Someone holds a personal vaporizer with a refillable glass tank filled with e-liquid. (John Abbate / Contributor)

The FDA has OK’d a handful of e-cigarettes as alternatives for adult smokers. All other products on the market, including major sellers like Juul, are pending review or considered illegal by regulators.

The FDA and DOJ have legally barred about a half-dozen vaping companies for selling products that can appeal to youngsters, but many more manufacturers continue launching new products, primarily disposable vapes that can’t be refilled and are thrown in the trash.

Using its own authorities, the FDA has sent hundreds of warning letters to vape shops and e-cigarette manufacturers in recent years. But the letters have done little to dissuade companies from flouting FDA rules and introducing new vapes.

Industry analysts estimate disposable vapes make up 30% to 40% of the roughly $7 billion-dollar vaping market. The two best-selling disposables — Breeze and Elf Bar — generated more than $500 million in sales last year, according to Nielsen retail sales data analyzed by Goldman Sachs.

Both brands have been sanctioned by FDA regulators but remain widely available, in some cases with new names, logos and flavors. More than half of the 2.8 million U.S. teens and adolescents who vaped last year said they used Elf Bar.

Overall, teen vaping has fallen 60% since its all-time high in 2019, following the COVID-19 pandemic and new age restrictions and flavor bans on e-cigarettes and other tobacco products.

The Associated Press contributed to this report.