Florida market is ‘being flooded’ with illegal vapes from China, officials warn

FLORIDA – The Florida Retail Federation is warning the public about illegal vapes from China flooding the Florida market.

Scott Shalley, President of the Florida Retail Federation explained that it’s near impossible to know if a vape is illegal.

“It’s a tremendous problem and the market is being flooded with primarily illicit products that have not seen any sort of review by the FDA or anybody else in terms of safety. And it’s creating a tremendous challenge for retailers and for consumers, really, to try to make sure that they’re getting something that’s been being vetted,” Shalley said.

Three Chinese-owned companies have dominated the market in Florida, selling over $355 million worth of products in 2023. Florida saw total sales of $410 million.

That means 86% of vapes in the state are illegal and unregulated.

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Shalley called this market domination deeply concerning.

“You’re talking about something that has chemicals in it that are then going into your body that the entire mechanism hasn’t been reviewed in any way. There have been instances of fentanyl being associated with those products and other types of illicit substances,” Shalley said.

The three companies that sell the most disposable vapes in Florida are Elf Bar, Fume, and HQD, all of which are Chinese-owned companies.

  • Fume sales were $162 million of the $410
  • HQD sales were $127 million
  • Elf Bar sales were $66 million
  • The other $56 million were from other brands

News4JAX asked what consumers should be checking for when buying vapes in Florida. However, that could be challenging for consumers as it’s hard to tell if a vape is legal.

“It’s virtually impossible, to be candid. And that’s where we fall short in our educational efforts on this, because we need to know, we need more guidance from the federal government. You know, as a general rule, most of the illicit products are single-use flavored products. But that doesn’t stand alone for just, you know, the illicit product,” Shalley said. “So it is virtually impossible. And that’s something that is a tremendous concern, and is hampering our educational efforts.”

Just last week, Gov. Ron DeSantis signed a bill that would prohibit the sale of any vapes that haven’t received FDA approval.

The new law goes into effect Oct. 1.

The Florida Retail Federation still wants to see the federal government step up and provide more clarity on what vape products are safe for consumers.


About the Author

Tiffany comes home to Jacksonville, FL from WBND in South Bend, Indiana. She went to Mandarin High School and UNF. Tiffany is a former WJXT intern, and joined the team in 2023 as Consumer Investigative Reporter and member of the I-TEAM.

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