Illegal Vaping Products and the Need for Stricter Enforcement in the U.S.

U.S. Secretary of Health and Human Services Robert Kennedy Jr. addressed the issue of illegal vaping products at a press conference in Bensonville, Illinois, on September 10, 2025. Popular brands like Elf Bar, Lost Mary, and Breeze Prime are among these illegal products. They are recognized for their candy-like flavors and affordability but remain prohibited for sale in the United States.

Despite a ban on flavored vape products in 2022, manufacturers in China have continued to supply these goods to the U.S. market, leading to a significant illicit industry. In the previous year, exports of e-cigarettes from China to the U.S. reached $10.6 billion. Currently, approximately 7,000 e-cigarette products are available in the U.S., yet fewer than 1 percent have received FDA approval. This raises concerns about their safety, especially since they attract youth with enticing flavors and packaging.

Retailers adhering to legal standards face unfair competition from sellers of illegal products. Many stores struggle as they lose business to shops selling these popular, yet banned, vapes. This situation involves not just small-scale local operators but also organized crime groups, including cartels, which have integrated these products into American supply chains.

The Drug Enforcement Administration’s Operation Vape Trail in September underscored these connections. Federal agents seized over 2.3 million illegal vape devices, highlighting the extensive network that brings these items from foreign producers to American retailers. Despite the success of such operations, the volume of illegal goods entering the country remains daunting, with numerous pallets slipping through undetected.

The need for decisive action is critical. Providing clarity for retailers is essential. The FDA must address its backlog of vape product inspections and clearly communicate to the public which products are legal. Expanding collaboration with agencies like the Justice Department and the Bureau of Alcohol, Tobacco, and Firearms is crucial to increase arrests and seizures.

America already possesses the legal resources to tackle this crisis. However, the lack of urgency from the FDA means more consumers are exposed to potential health risks, and legal businesses suffer from illegal competition. As the situation persists, criminal organizations and foreign manufacturers continue to thrive. The question remains: how will America respond to this challenge?

Chris Stewart, a former representative of Utah’s 2nd District, was a senior member of the House Appropriations Committee and contributed to the House China Task Force.