Bipartisan Lawmakers Introduce Legislation to Curb Influx of Illegal Vapes From China

‘This legislation would turn off the spigot of illicit e-cigarettes and vapes flowing from China,’ Sen. John Cornyn says.

Sen. John Cornyn (R-Texas) in Washington, on Dec. 5, 2022. Anna Moneymaker/Getty Images

A bipartisan group of lawmakers has introduced legislation to give the U.S. Food and Drug Administration (FDA) more authority to crack down on the flood of illicit vaping products from China.

The legislation, led by Sen. John Cornyn (R-Texas) and Rep. Beth Van Duyne (R-Texas), is called the Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act.

According to a Nov. 7 news release from Cornyn’s office, the bill would amend the Federal Food, Drug, and Cosmetic Act to give FDA officials the authority to “destroy adulterated, misbranded, or counterfeit imported tobacco products,” including e-cigarettes and vapes.

“The vaping epidemic that has plagued American youth is made all the more concerning by China’s outsized role in flooding U.S. markets with counterfeit tobacco products,” Cornyn said in a statement.

“By giving the FDA destruction authority over these imports, this legislation would turn off the spigot of illicit e-cigarettes and vapes flowing from China and address the public health crisis sweeping across our nation.”

In recent months, U.S. Customs and Border Protection (CBP) has announced a series of seizures involving illicit vaping products imported from China. On Nov. 6, the agency reported seizing 43,200 pieces of electronic nicotine delivery systems in Chicago, with a total estimated value of over $358,000. In October, CBP agents in Minneapolis-St. Paul confiscated 90,000 electronic nicotine delivery systems and 75,000 refill cartridges, valued at over $1.47 million.

In May, CBP reported seizing unauthorized e-cigarette products worth nearly $34 million in Chicago three months earlier, almost all of which originated from China.

“We have seen too many illegal vapes slipping through the enforcement cracks, posing health and safety risks to Americans,” Van Duyne said in a statement. “The END Act will give federal agencies the tools that they need to destroy these counterfeit or misbranded goods before they reach our shelves.”

The Senate bill (S.3148) is cosponsored by Sen. Martin Heinrich (D-N.M.). Rep. Debbie Dingell (D-Mich.) introduced the House bill (H.R.5986) with Van Duyne.

“Imported counterfeit tobacco products, mostly from China, are flooding our markets and threatening the health and safety of Americans. These knockoff vapes and e-cigarettes are illegal, dangerous, and laced with unknown chemicals. Every American who uses one is at risk of serious harm,” Dingell said in a statement.

The FDA warns on its website that e-cigarettes can damage the lungs because the aerosol contains nicotine and other harmful chemicals, including formaldehyde, nickel, lead, chromium, tin, and aluminum. Some vapes “can contain as much nicotine as a whole pack of cigarettes,” the agency wrote.

On Nov. 5, Sen. Tom Cotton (R-Ark.) sent a letter to FDA Commissioner Martin Makary regarding illegal Chinese vapes. Cotton suggested that the agency increase the number of “regulated, legal American products” from the current FDA-approved 39 e-cigarette products from five companies.

“Only when adult consumers have legal, regulated, and satisfactory alternatives available in the American marketplace will the market demand for illicit Chinese products disappear,” Cotton wrote.

Citing the FDA, Cotton pointed out that China-made illicit e-cigarettes contain harmful additives, including formaldehyde, lead, and acrolein.

Cotton asked Makary to outline a plan for the agency to authorize more legal U.S. vape products and to specify what additional authorities it needs to curb the distribution of illicit Chinese e-cigarettes.

“Communist China is waging a war on Americans by flooding our market with dangerous products, specifically targeting children,” Cotton wrote.