WASHINGTON – U.S. Senator John Cornyn (R-TX) and Congresswoman Beth Van Duyne (TX-24) introduced the 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:

“The vaping epidemic that has plagued American youth is made all the more concerning by China’s outsized role in flooding U.S. markets with counterfeit tobacco products,” said Sen. Cornyn. “By giving the FDA destruction authority over these imports, this legislation would turn off the spigot of illicit e-cigarettes and vapes flowing from China and address the public health crisis sweeping across our nation.”

“We have seen too many illegal vapes slipping through the enforcement cracks, posing health and safety risks to Americans,” said Rep. Van Duyne. “These dangerous and counterfeit products have been flooding into our country from places like China. The END Act will give federal agencies the tools that they need to destroy these counterfeit or misbranded goods before they reach our shelves.”

U.S. Senator Martin Heinrich (D-NM) is a cosponsor of the legislation in the Senate.

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.

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