Former Rep. Chris Stewart (R-Utah) stated in a Monday editorial that the U.S. Food and Drug Administration (FDA) must increase enforcement against the influx of unauthorized electronic cigarettes manufactured in China. Stewart reported that despite China banning the domestic sale of flavored vapes in 2022, manufacturers have continued to export these products to the United States. According to Stewart, e-cigarette exports from China to the U.S. generated $10.6 billion in revenue last year.
Data from the Truth Initiative indicates that 86 percent of e-cigarette sales in the U.S. are for unauthorized products. Stewart noted that nearly 7,000 e-cigarette products are currently available for purchase in the U.S., but fewer than 1 percent have received formal authorization for sale from the FDA. He argued that the lack of federal inspection means the contents of these devices remain unknown to health officials while they are marketed with candy-inspired flavors and vibrant packaging.
Federal law enforcement has recently increased efforts to curb the distribution of these items. In September 2025, the Drug Enforcement Administration (DEA) conducted "Operation Vape Trail," which resulted in the seizure of more than 2.3 million unauthorized vape devices. Investigators involved in the operation reported that organized crime groups and cartels are involved in smuggling these products through American supply chains to local retail storefronts.
A person visiting a local convenience store or vape shop would notice these products by brand names such as Elf Bar, Lost Mary, and Breeze Prime. Because the FDA has not inspected these specific brands, the agency cannot verify the safety of their ingredients. Stewart stated that the current lack of enforcement allows criminal organizations to profit while Main Street businesses that adhere to FDA regulations face financial pressure. The ongoing presence of these products in schools and retail settings suggests that current seizure efforts have not yet reduced the overall availability of the devices.
What happens next depends on whether the FDA adopts the recommendations to clear its inspection backlog and coordinate more closely with the Justice Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Stewart called for increased arrests and product seizures to raise the cost of participating in the unauthorized market. While the DEA conducted major raids in September 2025, no specific dates for future large-scale enforcement actions or new FDA authorization deadlines were provided in the report.