Illegal Vaping Products: A Growing Threat in the U.S.

During a press conference in Chicago on September 10, 2025, U.S. Secretary of Health and Human Services Robert Kennedy Jr. highlighted the issue of illegal vaping products. This event showcased seized products in Bensonville, Illinois. To those unfamiliar, names like Elf Bar, Lost Mary, and Breeze Prime might seem insignificant. However, they represent some of the most recognized candy-flavored vape brands in the country.

These products are cheap and offered in a variety of fruity flavors, contributing to their popularity. Most critically, they are illegal to sell in the U.S. due to their importation from foreign manufacturers, predominantly China. Despite the ban on domestic sales of flavored vape products in 2022, Chinese manufacturers have shifted focus to U.S. and international markets, generating $10.6 billion in revenue from e-cigarette exports to the U.S. last year.

Nearly 7,000 e-cigarette products are available in the U.S., with less than 1 percent authorized for sale by the FDA. The FDA has not vetted these products, leaving their contents and potential dangers unknown. The appealing candy-inspired flavors and packaging present a significant health risk, especially for youth.

This issue poses a double threat: health risks to Americans and economic damage to legitimate businesses. Law-abiding stores suffer as they lose customers to shops selling illegal vapes, often linked to criminal groups. Federal investigators have found cartel involvement, with operations smuggling vape products through various American supply chains. The September DEA Operation Vape Trail led to the seizure of over 2.3 million illegal devices, showing the depth of the issue.

The vape shops stocking these illegal products form the last link in a chain that runs from foreign manufacturers through dangerous criminal organizations directly to American storefronts.

Raids have helped, but more needs to be done to control contraband flow. For every seizure, numerous shipments remain unchecked. Swift, comprehensive action is required. Clarity for legal retailers is crucial. The FDA must reduce its inspection backlog and clearly state which products are legal. Collaboration with enforcement bodies, like the Justice Department and the Bureau of Alcohol Tobacco and Firearms, is essential for increasing arrests and seizures.

With existing legal frameworks and resources, the tools to address this illicit crisis are available. The resolution lies in committing to act. Each month of inaction endangers more Americans with addictive, unlawful products from a country that has banned them domestically. American businesses playing by the rules face setbacks, while Chinese manufacturers and criminal networks thrive.

Immediate action is necessary. Illegal products are known, as are the needed actions. The question remains: what does America intend to do?

Chris Stewart previously represented Utah’s 2nd District in Congress, served as a senior member of the House Appropriations Committee, and participated in the original House China Task Force.