New bill gives FDA more tools to fight CCP illegal vape threat

On November 10, the U.S. Senate provisions of the Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act were included as part of the Senate’s government funding legislation. Introduced by Senator John Cornyn, the bill gives the U.S. Food and Drug Administration (FDA) authority to destroy adulterated, misbranded or counterfeit imported tobacco products, such as vapes and e-cigarettes that are flooding the U.S. market from China. 

Following the vote, Sen. Cornyn released the following statement: 

“China is raking in the dough at the expense of American teens and young adults by lining U.S. shelves with illegal vapes and e-cigarettes,” said Sen. Cornyn in his statement. “This legislation would crack down on China’s counterfeit cash cow that’s corroding our nation’s health and extend the FDA’s destruction authority to these dangerous imported tobacco products.”

Previously, Congress has authorized the FDA destruction authority for certain drugs or medical devices, but not for tobacco products. With the END Illicit Chinese Tobacco Act, the FDA will have full authority to destroy counterfeit, imitated or misbranded illegal Chinese vapes that are flooding the U.S. market.

China remains the primary supplier of illegal tobacco products, but the Trump administration is taking real action to curb these imports and protect our communities. In just the past year, federal and state law enforcement have conducted some of the largest illicit vape crackdown operations in U.S. history. In Chicago alone, HHS and CBP seized 4.7 million e-cigarettes worth over $86 million–the largest seizure recorded–following a separate $34 million FDA-CBP seizure of nearly 2 million illegal Chinese vapes earlier in the year. 

At the national level, the DEA’s Operation Vape Trail uncovered a major criminal network, seizing 2.3 million illicit vapes, $3.5 million, 115 firearms and uncovering drug tunnels and narcotics trafficking linked to smoke shops. Congress has also approved a new $200 million enforcement investment, requiring the FDA to dedicate these funds to removing illegal vaping products, including $2 million specifically for federal multi-agency efforts targeting illicit imports from China, marking the most significant national enforcement expansion to date. 

Earlier this year, we saw the success of both federal and state illegal vape enforcement operations. In October, the U.S. Senate passed a bipartisan bill cutting funding to CCP biotech companies, and in early November, Florida AG James Uthmeier announced a ban on land ownership by CCP officials. The message is clear: We need bold action to stop China’s influence and infiltration of America’s communities. It’s not partisan, it’s common sense.