‘Top Priority:’ FDA To Crack Down On Illegal Chinese Vapes

The Food and Drug Administration (FDA) will crack down on illegal vapes entering the U.S. from China, FDA Commissioner Marty Makary told ABC News.

“[What] we have been doing is laughable,” Makary said. “We’re going to start confiscating and seizing. We’re going to take this seriously.”

The illegal e-cigarettes appeal to children and teens through bright colors and fruit- and candy-based flavors, according to Makary. The vapes are often disguised as handheld video game consoles, highlighters, or smartphone cases, ABC News reported.

“There is no approved vaping product in the United States that has a video game,” Makary said. “There is not an approved vaping product in the United States that has one of these cutie fruity flavors.”

The only legal e-cigarette flavors are menthol and tobacco, Makary said. There are only 39 authorized e-cigarette products in the U.S.

“Eighty-five percent of the vaping products sold in the vape stores are illegal according to the FDA’s list,” Makary said. “We don’t even know what’s in some of these vaping products.”

Makary said stopping illegal vapes is a “top priority” for the agency.

U.S. Customs and Border Patrol seized about two million illegal vape products last month, ABC News reported. The vapes are worth about $34 million.

“This is just a small fraction of the seizures we have here,” CBP official Eric Everson told the outlet.

Over 90% of Chinese vape products imported to the U.S. in 2024 were not reported in American import data, The Daily Wire previously reported. Experts say Chinese manufacturers intentionally mislabel their products to avoid duties, tariffs, and FDA regulations.

In late 2023, CBP agents seized $18 million worth of illegal vapes mislabeled as shoes, toys, and other items.

The influx of illegal vapes led Attorneys General from 27 states to write a letter to the Trump administration asking for help “combating the flood of illegal Chinese products — including illegal Chinese e-cigarettes marketed to minors.”

“Illegal, flavored Chinese e-cigarettes are flooding the U.S. market in flagrant disregard of State and federal laws. The products have never been approved by the FDA and target America’s youth,” the Attorneys General wrote in April. “They are often brought into the country in mislabeled packaging or shipped in a manner specifically designed to evade detection by the FDA and U.S. Customs and Border Protection.”