The growing illicit nicotine market is creating risks for brand protection, consumer safety and tobacco harm reduction, speakers said at GTNF 2026 in Lisbon during the “Playing Defense – Brand Protection and its Impact on Harm Reduction and Consumers” panel. Following a keynote address, Lillian Ortega, founder and chief regulatory strategist at WOW Solutions, moderated the panel and said the U.S. unauthorized vape market is already significant and warned that “you can’t enforce your way out of it.” Ortega said an estimated 70% of the U.S. vape market is unauthorized, although the figure does not capture online sales and some vape shops, and argued that regulatory delays and gaps in FDA oversight can leave demand to illicit suppliers. She called for timely and predictable product authorization, better tracking of products entering the U.S. and greater information sharing throughout the supply chain.
Michael Horowitz, managing counsel at RAI Services Company, said an entrenched illegal market is difficult to reverse, particularly when consumers may not realize they are purchasing unauthorized products. He also pointed to fragmented enforcement and the difficulty of distinguishing unauthorized products from products that are genuinely illicit.
Abel Vecino, head of illicit trade prevention for Southwest Europe at Philip Morris International, said brand protection is also about protecting consumers as they move away from combustible products. He said criminal organizations are scaling production, moving closer to consumer markets and exploiting enforcement gaps, while adapting to demand for lower-priced products. Vecino called for greater cooperation with law enforcement and proactive partnerships before problems emerge.
Stevan Vranes, global head of corporate affairs at Imperial Brands, said illicit products are increasingly visible in local communities and legitimate retail channels, while distinguishing legal from illegal products has become more difficult in newer nicotine categories. He said illicit cigarette factories across Europe can now produce up to 1 million cigarettes an hour and that illicit sales are increasingly moving online. Vranes called for a holistic approach, including greater pressure on social media and stronger action against online sales, while acknowledging that authorities cannot physically inspect every container entering global ports.