Heinrich Bill to Block Illicit Vapes & Tobacco Products Becomes Law

WASHINGTON - U.S. Senator Martin Heinrich (D-N.M.), a member of the U.S. Senate Appropriations Committee, announced that his Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act was signed into law. The provision grants the U.S. Food and Drug Administration (FDA) clear authority to destroy adulterated, misbranded, or counterfeit tobacco products - such as unauthorized e-cigarettes produced in the People's Republic of China and intercepted upon attempted import into the country. It was enacted as part of the Fiscal Year 2026 (FY26) Agriculture, Rural Development, Food and Drug Administration (FDA), and Related Agencies Appropriations bill.

Congress previously granted the FDA the authority to destroy certain illicit drugs and medical devices, and now Heinrich's bipartisan END Illicit Chinese Tobacco Act extends this authority to unauthorized tobacco products, thereby protecting public health and national security.

"For too long, illicit e-cigarettes produced in the People's Republic of China have been pouring into our country and threatening public health. That's why, as a member of the Senate Appropriations Committee, I worked hard to give the federal government clear authority to destroy these unauthorized e-cigarette products at the border, before they make it into our communities," said Heinrich. "By closing this loophole, we are protecting our nation's public health - because every shipment of illegal vapes that slips through our ports is another risk to our kids, our communities, and our national security."

Alongside Heinrich, the END Illicit Chinese Tobacco Act is led by U.S. Senator John Cornyn (R-Texas) and U.S. Representative Beth Van Duyne (R-Texas).

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.

The text of the bill is here.

Background:

As Chairman of the Agriculture-FDA Appropriations Subcommittee in the 118^th Congress, Heinrich consistently called for more decisive enforcement by the FDA's Center for Tobacco Products to take unregulated e-cigarette products off of shelves and out of the hands of adolescents.

On January 25, 2024, Heinrich led a bipartisan letter urging the FDA to address the continued presence of unauthorized electronic nicotine delivery systems (ENDS) and illicit vaping products being openly sold at prominent trade shows across the country - even while FDA personnel were on site.

In May 2024, Heinrich questioned then-FDA Commissioner Dr. Robert Califf on what he described as the agency's "lack of urgency" in responding to the influx of unauthorized e-cigarettes flooding the U.S. market through ports and at trade shows.

Heinrich continued this oversight work in subsequent letters sent on June 6, 2024, and January 15, 2025, calling on the FDA to take enforcement action against illicit products displayed at major industry events, including the Total Products and the Alternative Products Expos, held at locations in Florida, Nevada, Tennessee, and Texas.

The scale of the problem became even clearer in May 2025, when the FDA announced it had seized nearly two million units of unauthorized e-cigarette products worth an estimated retail value of $33.8 million. Nearly all originated in the People's Republic of China. While Congress has authorized the FDA to destroy certain illicit drugs and medical devices refused entry at the border, that authority has not extended to illicit tobacco products. As a result, unauthorized e-cigarettes refused entry could still re-enter global supply chains or attempt to re-enter the U.S. market.

The END Illicit Chinese Tobacco Act closes this loophole by giving the FDA authority to destroy these illicit tobacco products, significantly reducing the volume of unauthorized e-cigarettes entering the market-including flavored products that are especially attractive to adolescent users.

###

• Print
• Email
• Share
• Tweet