Opinion: Trump’s Plan to Fix Illicit Vaping Crisis

Less than a year into his second term, President Trump faces the challenge of reversing what critics describe as the “poor decision-making” of the Biden years, particularly regarding the illicit nicotine market. A new perspective argues that up to 85% of vaping devices currently sold in the U.S. are illegal, lacking authorization from the Food and Drug Administration (FDA). This means nearly 9 out of 10 devices have bypassed FDA review or are stuck in a massive backlog.

The vast majority of these unauthorized products originate from China, with many allegedly marketed intentionally to underage users via features like gaming screens. A recent federal seizure uncovered $86.5 million worth of such illegal products. The commentary attributes this crisis to two primary failures of the Biden administration: the failure to authorize legal, smoke-free nicotine alternatives, and the failure to prevent the mass importation of illegal products.

Brian King, Biden’s appointee to run the Center for Tobacco Products (CTP), is heavily criticized for failing to establish a comprehensive enforcement regime. Despite warnings from public health advocates, industry stakeholders, and Congress since 2022, King is accused of adopting a “prohibitionist approach” that allowed illicit products to flood the market while denying regulated options to adult consumers. The FDA’s opaque authorization process and missed deadlines—with many applications waiting five years despite a 180-day requirement—are cited as key drivers of this dysfunction.

• Read more: Trump Promised to ‘Save Vaping.’ Does His New FDA Head Agree?

Experts from the American Enterprise Institute suggest that timely reviews and authorizing diverse products for adults would “crowd out illicit traders and protect youth.” The Biden administration’s inaction is seen as failing millions of adults seeking to switch from combustible cigarettes to less harmful alternatives, despite acknowledgments that vaping carries “markedly less risk.”

However, the commentary expresses optimism that the Trump administration and Congress are now acting to reverse this damage. Recent raids on illicit products and the stance of FDA Commissioner Martin Makary are viewed as positive signs. Under Trump’s leadership, meaningful enforcement is reportedly proving effective at deterring illegal imports. The hope is for a modernized FDA approach that combines increased enforcement with accelerated authorization of legal, smoke-free options for adults.

• Reference: How Trump can fix the illicit vaping crisis

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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