AUSTIN – U.S. Senator John Cornyn (R-TX) released the following statement after provisions from his Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act, which would give the U.S. Food and Drug Administration (FDA) authority to destroy adulterated, misbranded, or counterfeit imported tobacco products, such as vapes and e-cigarettes that are flooding the U.S. market from China, passed the Senate Monday night as part of the Senate’s government funding legislation:

“China is raking in the dough at the expense of American teens and young adults by lining U.S. shelves with illegal vapes and e-cigarettes,” said Sen. Cornyn. “This legislation would crack down on China’s counterfeit cash cow that’s corroding our nation’s health and extend the FDA’s destruction authority to these dangerous imported tobacco products.”

U.S. Senator Martin Heinrich (D-NM) is a cosponsor of the legislation in the Senate, and Congresswoman Beth Van Duyne (TX-24) is leading companion legislation in the House.

Background: 

China is responsible for the lion’s share of counterfeit or illicit tobacco products pouring into the United States. However, the FDA is currently hamstrung in its ability to address this growing threat. Earlier this year, the FDA announced it had seized illicit vaping products worth a total of $34 million, nearly all from China. The 2024 National Youth Survey found that seven out of ten e-vapor brands that youth most commonly use are illegal. Congress has previously given FDA destruction authority for certain illicit drugs and medical devices, but FDA has not yet received this same authority for tobacco products.

The END Illicit Chinese Tobacco Act would extend this authority to tobacco products so the FDA can better combat the influx of illicit vapes and e-cigarettes in the United States and address the national security and public health threat posed by China. It passed as part of the Agriculture, Rural Development, Food and Drug Administration (FDA), and Related Agencies Appropriations bill for Fiscal Year 2026, which was included in the Senate’s legislative package to fund and reopen the federal government.

This legislation is endorsed by the Campaign for Tobacco-Free Kids, American Heart Association, American Lung Association, National Association of Truck Stop Owners, Society of Independent Gasoline Marketers of America, and the National Association of Convenience Stores.