GAO Releases Report on DOJ Enforcement of Unauthorized E-Cigarettes

On April 10, 2026, the U.S. Government Accountability Office (GAO) released a report titled, “Combating Illicit Substances: DOJ Enforcement of Unauthorized E-Cigarettes.” The report showed large numbers of unauthorized e-cigarette products and devices continue to be for sale in the U.S. As of June 2024, there were over 6,000 e-cigarette products on the market, most of which lack U.S. Food and Drug Administration (FDA) authorization.

The report outlines that the Department of Justice (DOJ) plays a central role in enforcement, primarily through its Civil Division, U.S. Attorneys’ Offices, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Although the ATF was directed in 2025 to shift resources away from tobacco enforcement, it still maintains a list of noncompliant online e-cigarette sellers. From fiscal years 2022–2025, the DOJ carried out 88 enforcement actions, with a sharp increase in 2025 driven largely by identifying more noncompliant sellers. Overall the report shows that unauthorized e-cigarettes are still widespread, but federal enforcement, especially by the DOJ, has been ramping up in response. Read more here.