USA Launches Inquiry into Illegal Vape Imports from China

Investigation Aims to Combat Youth Vaping Epidemic and Hold Manufacturers Accountable

Ranking Member Raja Krishnamoorthi (D-IL) of the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party, who also serves as Co-Chair of the Congressional Caucus to End the Youth Vaping Epidemic, launched an inquiry on Monday into illegal vape imports from the People’s Republic of China (PRC) to the United States. The inquiry is part of the Ranking Member’s larger campaign to end all forms of youth vaping.

Speaking at Lurie Children’s Hospital of Chicago, Krishnamoorthi emphasized the unacceptable prevalence of illegal, flavored vapes in store fronts and called on the FDA to take immediate action to remove these products from shelves. He stressed the public health crisis of youth vaping and the dangers posed by companies that addict children with flavors and high levels of nicotine.

Letters Sent to PRC-Based Manufacturers and U.S. Distributors

Krishnamoorthi sent letters to five of the largest PRC-based companies that manufacture unauthorized vapes, requesting details on their sales to the United States, support from PRC investors and government, shipment practices, and targeting of children. He also sent six additional letters to U.S.-based wholesalers and distributors of illicit vapes, seeking information on their compliance with FDA requirements, sale of products that target children, and importation of illicit products and devices from the PRC.

In the letters, Krishnamoorthi highlighted the discrepancy between the PRC’s domestic ban on flavored e-cigarettes and its continued export of these dangerous products to the U.S. and other jurisdictions. He emphasized that the PRC’s permissive export policies do not override U.S. laws prohibiting such imports.

Bipartisan Caucus Members Urge DOJ to Take Action

In a related effort, Congressman Krishnamoorthi and Congresswoman Celeste Maloy (R-UT) led 10 other members of the Bipartisan Congressional Caucus to End the Youth Vaping Epidemic in a letter to the Department of Justice (DOJ), urging greater enforcement in prosecuting illegal flavored vaping products not authorized by the FDA. The Members also requested an update on the scale of enforcement activities on vapes.

The Members highlighted the flood of unauthorized vaping products, primarily from the PRC, that continue to contribute significantly to underage vaping rates. They cited recent data showing the prevalence of daily and frequent e-cigarette use among young people, with flavors being a primary attraction and the majority using unauthorized brands like Elf Bar.

The Members’ letter is available here.

Five Key Questions for the DOJ

To assess the scale of enforcement activities and better understand the DOJ’s approach to enforcement, the Members requested responses to five key questions by May 30, 2024. These questions cover topics such as the number of vapor-related cases referred by the FDA to the DOJ, the investigation process, internal review procedures, the potential need for a dedicated unit focusing on vapor-related crimes, and plans for further civil or criminal proceedings against egregious violators.

As the bipartisan effort to combat the youth vaping epidemic continues, Ranking Member Krishnamoorthi and his colleagues in the Congressional Caucus seek to ensure that both the FDA and DOJ take appropriate action against manufacturers, wholesalers, and distributors of illegal vaping products to protect the health and well-being of America’s youth.

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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.