The U.S. Hispanic Business Council has been urging leaders from all levels of government for the past year to put an end to the infiltration of Chinese vapes. This is a critical issue threatening our children and small businesses.
Recently, Health and Human Services Secretary Robert F. Kennedy Jr. vowed to “wipe out†these vapes from circulation, citing many of the issues we’ve highlighted, such as the inaction on enforcing the law and eradicating these products. RFK Jr. understands how this issue compounds with the variety of threats our children face.
As a result of ineffective regulatory policies, illicit vapes — 90% of which are made in China — have flooded the United States and targeted children. In turn, vape usage rates among youths have soared by 2,000%. These vapes are illegal and outlawed in China. China has banned its citizens from buying or selling these unsafe products; meanwhile, it has created a multibillion-dollar industry exporting them to the United States. This irony can no longer be accepted and ignored.
After much-needed vaping regulations in 2019, regulators have since failed to enforce them and allowed illicit Chinese vapes to flood the market. While the FDA did attempt to ban these unregulated Chinese products, they still made their way into the country through cartels.
Since then, we have called on the FDA to set up a practical regulatory and enforcement framework that allows American companies to create healthy and responsible smoking alternatives that are in high demand among responsible adult smokers. This would allow access to properly tested and regulated products for adults who rely on cessation alternatives, while eradicating highly addictive, illicit vapes that contain unknown additives and chemicals.
Findings from the 2024 National Youth Tobacco Survey indicate that the top e-cigarette brands most frequently used by minors are illicit products. Because the FDA has historically restricted the approval of noncombustible nicotine products, despite their reduced harm compared to traditional cigarettes, China and the cartels swept in to satisfy the demand. Out of millions of applications, only 34 e-cigarette products have received FDA approval. The rest remain in limbo.
HHS and the FDA need to take action, implementing an effective regulatory framework that provides clarity and opportunity for American businesses while punishing those deliberately poisoning children. U.S. retailers do not know when they are breaking the law. They deserve precise regulation and guidance to ensure they are selling safe and authorized products. American companies should be able to sell vapes legally and transparently with approval from the FDA. More critical, adult smokers deserve healthier alternatives and consumer choice. A functional and transparent system will do this while eliminating the illicit market dominated by Chinese manufacturers exploiting regulatory loopholes.
A responsible, effective, and coordinated response would include all of the following: breaking the back of the international network trafficking illicit Chinese vapes, strengthening border control to stop smuggling operations, creating a transparent system that protects American consumers and lawful businesses, establishing regional enforcement hubs to disrupt illicit distribution networks, implementing community level inspections, strengthening penalties, aligning federal and state efforts for greater effect and transparency, meeting demand, and supplying adults with authorized alternatives.
More authorizations will provide us with a working market with safer products. More enforcement will stop illegal imports and protect consumers. More transparency will provide clarity for businesses, retailers, and law enforcement. We fully support this fight against illicit vapes. We must work together to protect our children, small businesses and economy.
Javier Palomarez is president and CEO of the U.S. Hispanic Business Council. He wrote this for InsideSources.com.
