Recent federal actions are leaving some smoke and vape shops facing uncertainty about their futures.
The U.S. Food and Drug Administration (FDA) stepped up enforcement this month against popular foreign-made vape brands such as Geek Bar, Lost Mary and Raz.
In September, federal agencies seized more than $86 million worth of vape devices, bringing the year’s total to $115 million seized nationwide.
What’s driving the FDA crackdown?
In recent years, the agency has stepped up its enforcement, issuing warning letters, assessing civil money penalties and coordinating with import and law enforcement agencies to block unauthorized products at U.S. borders.
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Many of the seized shipments originated in China and often arrived under ambiguous or misleading descriptions, undervalued on import paperwork or disguised to evade inspection.
While it remains legal for certain vape devices to be sold and possessed, only those products that have passed FDA pre-market review may remain on the market lawfully. Many disposable vapes and flavored products currently in circulation lack such authorization and are therefore vulnerable to enforcement.
Local businesses feel the squeeze
At one Arizona shop, employee Christopher Stewart says the crackdown has already driven up prices. He says the shop has been able to stock popular brands like Geek Bar and Raz due to long-time relationships with distributors.
“We have access to it and these other shops don’t, and having access during this time of complications is what’s causing the spike in prices,” Stewart said.
With customers traveling from other states to find devices no longer available at home, Stewart says the shop is bracing for possible shortages.
“It really just feels like a coin toss, and we’re just kinda waiting for the end result,” he said. “The thing that sells the most in the shops right now are the vape devices. That’s our money maker right there. If they take it away, we’re going to be struggling.”
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Other local businesses are feeling the pinch, too. Ellen McBride, co-owner of One Hit Wonders in Tucson, Arizona, says distributors can’t keep up with demand.
“Sometimes I go to a distributor, and we have more vapes in our store than they do in their warehouse,” McBride said.
Ray Yurcik, also co-owner of One Hit Wonders, says the shop is already pivoting as a result of the shortages.
“We are going to more gift-oriented items, more souvenirs,” Yurcik said. “Things that won’t be sought after by the powers that be.”
Adding to the strain, a decision earlier this year by the Arizona Attorney General’s Office made some CBD products illegal to sell in the state, such as Delta-8 and Delta-10, forcing shops to further adjust their shelves.
For many shop owners, the future of their business depends on what regulators do next.
“It will inevitably affect us if nothing changes,” Stewart said. “Someday, that wall is going to be cleared, and that’s gonna be a rough day for the whole shop.”
This story was originally published by Joel Foster with the Scripps News Group in Tucson, Arizona.
