Bipartisan lawmakers in the United States Congress announced on November 7 a new bill that aims to grant the Food and Drug Administration (FDA) greater authority to crack down on illegal Chinese electronic cigarette products entering the American market.
The new bill, known as the “Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act,” is spearheaded by Senator John Cornyn (Republican from Texas) and Congresswoman Beth Van Duyne (Republican from Texas), along with Senator Martin Heinrich (Democratic from New Mexico) and Congresswoman Debbie Dingell (Democratic from Michigan).
The legislation will amend the Federal Food, Drug, and Cosmetic Act to empower FDA officials to “destroy counterfeit, falsely labeled, or adulterated imported tobacco products,” including e-cigarettes, vapes, and related items.
Senator Cornyn stated in a press release that e-cigarettes have become a rampant issue among American youth and the influx of counterfeit tobacco products from China has exacerbated the situation. He emphasized that the bill will authorize the FDA to destroy these imported products, cutting off the illegal supply of Chinese e-cigarettes to address the nationwide public health crisis.
Congresswoman Van Duyne expressed concern over the proliferation of illegal e-cigarettes exploiting enforcement loopholes, posing risks to the health and safety of the American people. The “Terminating Illegal Chinese Tobacco Act” will equip federal agencies with the necessary tools to dispose of counterfeit or falsely labeled products before they flood the market.
In her statement, Congresswoman Dingell highlighted that imported counterfeit tobacco products, mostly from China, are flooding the market, endangering the health and safety of Americans. She emphasized that these counterfeit e-cigarettes and e-liquids are illegal and hazardous, containing unknown chemicals that pose serious risks to every user.
The bill is designated as S.3148 in the Senate and H.R.5986 in the House of Representatives.
In recent months, the U.S. Customs and Border Protection (CBP) has intercepted numerous illegal electronic cigarette products from China. The agency disclosed on November 6 that they seized 43,200 e-cigarettes in Chicago, valued over $358,000. Personnel in the Minneapolis-St. Paul region confiscated 90,000 e-cigarettes and 75,000 refill cartridges in October, estimated at over $1.47 million.
In May, the CBP reported seizing nearly $34 million worth of unauthorized e-cigarette products in Chicago three months prior, the majority of which originated from China.
The FDA has warned that e-cigarettes, due to nicotine and harmful chemicals in their aerosols such as formaldehyde, nickel, lead, chromium, tin, and aluminum, may cause long-term lung damage. Some e-cigarettes contain nicotine levels equivalent to an entire pack of cigarettes.
FDA data indicates that illegal Chinese e-cigarettes contain harmful additives like formaldehyde, lead, and acrolein.
On November 5, Senator Tom Cotton from Arkansas wrote to FDA Commissioner Martin Makary, urging for an expansion of approved legal American e-cigarette products, emphasizing that providing more legal options is crucial in curbing the market demand for illegal Chinese e-cigarettes effectively.
Cotton also requested FDA clarification on additional enforcement powers needed to prevent the circulation of illegal Chinese e-cigarettes in the U.S., warning that the communist regime is importing dangerous products and targeting American children specifically.
Currently, only 39 e-cigarette products from five companies are approved as legal by the FDA.