Durbin, Tillis, Conaway, Maloy Introduce Bipartisan Legislation To Strengthen And Improve Enforcement Of Illegal Tobacco Products

Durbin, Tillis, Conaway, Maloy Introduce Bipartisan Legislation To Strengthen And Improve Enforcement Of Illegal Tobacco Products

In 2024, DOJ and FDA established a task force to crack down on illegally sold vape products after Durbin urged the agencies to enforce federal laws against the unlawful sale of unauthorized e-cigarette products to children

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Thom Tillis (R-NC), along with U.S. Representative Herb Conaway Jr., MD (D-NJ-03) and U.S. Representative Celeste Maloy (R-UT-02), today introduced new bicameral and bipartisan legislation to crack down on illegal vape products that are targeted to children. The Strengthening Task Force Operations to Prevent Illicit Vaping Act (S.T.O.P. Illicit Vaping Act) would strengthen a federal multi-agency task force, led by the Department of Justice (DOJ) and the Food and Drug Administration (FDA), to coordinate enforcement, information sharing, and strategy to combat the illegal importation, distribution, and sale of unauthorized e-cigarettes.

In 2024, FDA and DOJ established this task force after Durbin repeatedly called on the agencies to better enforce federal laws against the unlawful sale of unauthorized e-cigarette products. Durbin secured $2 million for the task force in the Fiscal Year 2026 funding bill for Agriculture, Rural Development, FDA and Related Agencies. This funding will support the task force's efforts to bring all criminal and civil tools to bear against the illegal manufacture, importation, distribution, and sale of e-cigarettes from China and other foreign countries.

"If we hope to prevent the next generation of children from getting hooked on nicotine, we must enforce our existing laws and finally crack down on the illegal e-cigarette products that are flooding stores nationwide," Durbin said. "My bipartisan legislation, the S.T.O.P. Illicit Vaping Act, would cement DOJ and FDA's task force dedicated to preventing the unlawful sale of these unauthorized vape products."

"The flood of illegal and unregulated e-cigarettes, particularly from China, undermines public health, skirts federal law, and disadvantages businesses that play by the rules," said Tillis. "The S.T.O.P. Illicit Vaping Act strengthens coordination among federal agencies to crack down on these illicit products, protect kids from unauthorized nicotine devices, and ensure our laws are enforced as Congress intended."

"The rise of illegally imported and unregulated e-cigarettes is a growing threat to public health, legitimate businesses, and the integrity of our enforcement system," said Conaway. "As a physician, I understand the urgency of protecting Americans from illegal and dangerous tobacco products. The S.T.O.P. Illicit Vaping Act strengthens federal task forces on the front lines, equipping them with the tools and coordination necessary to disrupt illegal vaping networks. This bill takes a responsible, enforcement-focused approach to safeguarding communities and ensuring a lawful, transparent marketplace."

"There are clear laws on the books governing tobacco and vaping products, but those laws only matter if they're enforced," said Maloy. "The S.T.O.P. Illicit Vaping Act strengthens enforcement by improving coordination across agencies so illegal operators can't take advantage of gaps in the system."

"The Campaign for Tobacco-Free Kids strongly supports the legislation introduced by Sen. Durbin and Sen. Tillis to help ensure the federal government is taking comprehensive enforcement action against the many illegal e-cigarette products that are currently on the market. We commend their efforts to prevent illegal e-cigarettes from being imported, distributed and sold in the United States and to hold bad actors accountable for endangering the health of our kids," said Yolonda C. Richardson, President and CEO of the Campaign for Tobacco-Free Kids.

Durbin has criticized FDA for its continued lack of urgency as millions of children have begun using addictive e-cigarettes. For years, FDA has failed to regulate e-cigarettes, falling years behind court-ordered and congressional mandated deadlines to review applications from vaping companies, and refusing to enforce the law and take action against companies marketing illegal vaping products to children. Under the Tobacco Control Act (TCA), e-cigarette companies are required to obtain authorization from FDA prior to entering the market, which the agency has neglected to properly enforce.

In an effort to strengthen coordination and facilitate enforcement against the sale of unauthorized vaping products, the S.T.O.P. Illicit Vaping Act would formally codify the existing multi-agency task force to combat the illegal importation, distribution, and sale of e-cigarettes. Further, the bill would direct the task force to develop and implement a comprehensive strategy for reducing the number of unauthorized e-cigarettes on the market.

The task force would be comprised of the Attorney General and the Secretary of Health and Human Services, as well as representatives from FDA; DOJ; Customs and Border Protection (CBP); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); U.S. Marshals Service; U.S. Postal Inspection Service (USPS); Federal Trade Commission (FTC); the Department of Homeland Security (DHS); and other federal agencies as appropriate.

The task force would be directed to meet on an annual basis and submit a report to Congress detailing authorities, actions taken, and recommendations for additional criminal or civil authorities needed to address the public health threat of the illegal importation, distribution, and sale of e-cigarettes.

The S.T.O.P. Illicit Vaping Act is endorsed by the following organizations: American Heart Association, American Lung Association, Campaign for Tobacco Free Kids, American Cancer Society, and the American Academy of Pediatrics.

Text of the S.T.O.P. Illicit Vaping Act can be found here.

In 2023, Durbin's office examined FDA's public data files to identify e-cigarette manufacturers who have received both marketing denial orders and warning letters yet continue to sell unauthorized products, in order to assess FDA's effectiveness in taking enforcement action against some of the most flagrantly defiant examples. Durbin's office found at least 22 vaping products that appeared to be sold online by the manufacturer in violation of the law and in defiance of repeated enforcement actions by FDA. In addition to those products sold online by the manufacturer, several other such products remained available for purchase from third-party retailers, including one of the most popular e-cigarettes among children, Breeze Smoke. Durbin's investigation also found that FDA had only issued "closeout letters" to 10 percent of the 685 tobacco warning letters it has issued since January 1, 2021. A closeout letter indicates that FDA has verified that corrective action has taken place to address the violations contained in the warning letter.

Durbin has been a vocal leader in the fight against Big Tobacco, particularly since he lost his father to lung cancer when Durbin was 14. He went after Big Tobacco when he served in the House of Representatives and led the charge to ban smoking on airplanes, which eventually led to restaurants, office buildings, trains, and much more. Durbin has also led efforts to grant FDA jurisdiction over tobacco, raise tobacco taxes to prevent youth initiation, and enhance support for tobacco cessation tools.

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