Trump’s Crackdown on China Should Include Illegal Vapes
COMMENTARY
While tariffs and deportations share a spot at the top of headlines and Americans’ minds at the moment, for the last few years our children and small businesses have been facing a serious and, in some cases, deadly threat that has yet to receive the attention it deserves — illicit vapes flooding into our country from China.
As a result of highly unpredictable and ineffective regulatory policies, these illicit vapes, 90% of which are manufactured in China, have fallen into the hands of our children and continue to pose confusion for small businesses, many of which don’t realize these products are actually illegal to sell. These vapes are deliberately crafted to attract minors by mimicking electronics like smartphones and gaming devices or featuring cartoon imagery and candy-like flavors. In turn, usage of these illicit products among our youth have soared since 2019 and many sellers continue to unknowingly sell unregulated products.
Not only are these Chinese products threatening our children, but they are harming our nation’s businesses and retailers who are losing business to bad actors intent on trafficking illicit vapes. Findings from the 2024 National Youth Tobacco Survey indicate that the top e-cigarette brands most frequently used by minors are illegal products from China.
Amid President Donald Trump’s crackdown on China’s malicious trade practices, illicit products targeting our children should be front and center.
Under the Biden administration, the Food and Drug Administration failed to enforce regulations and thereby allowed illicit Chinese vapes to flood the U.S. market. While the FDA put an import ban on illicit Chinese products, many of them still made their way into our country through cartels and bad actors. Because Biden’s FDA restricted approvals of non-combustible 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 authorization. The rest remain in limbo.
The Trump administration has an opportunity to rectify a crisis that was neglected and overlooked. The president and the FDA can protect Americans from illicit Chinese vapes by setting up an effective regulatory and enforcement framework that gets these illicit products out of the hands of our children, while giving small businesses the clarity they need on what products are legal to sell.
A responsible, effective and coordinated response would include all of the following: breaking the back of the international network trafficking illegal Chinese vapes, strengthening border control to stop illicit vape imports, creating a transparent system that protects American consumers and lawful businesses, fixing the FDA’s failure by authorizing more smokeless products, aligning federal and state efforts for greater impact and transparency, and supplying adults with more authorized alternatives to cigarettes.
More authorizations will allow the market to keep up with consumer demand from adults seeking safer alternatives to cigarettes. More enforcement will stop illegal imports and protect consumers, especially the children targeted by illicit vapes. More transparency will provide clarity for businesses, retailers, and law enforcement.
These changes are long overdue, and as Trump fights back against the malpractices of the Chinese Communist Party, it’s critical that he take action on this front as well. It’s time we protect our children and keep illicit Chinese vapes out of their hands. It’s time we provide clarity for our retailers and enable them to safely meet a heightened demand for safer alternatives to smoking.
Javier Palomarez is the president and CEO of the U.S. Hispanic Business Council. Prior to his current role, he led the U.S. Hispanic Chamber of Commerce, where he helped raise the profile of the chamber. Palomarez is a leading voice, whose opinions have been sought after by the world’s leading media outlets including CNN, MSNBC, NBC, FOX and the BBC. He can be reached by email.
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