The Biden administration’s failure to regulate vape imports has enabled a surge of illegal Chinese products, prompting Trump and RFK Jr. to lead a crackdown to protect American youth.
At a Glance
- Illegal Chinese vaping products are pouring into the U.S. through weakly enforced ports
- RFK Jr. and Trump blame Biden’s FDA for letting down public health safeguards
- Only 2–5% of incoming e-cigarette shipments are inspected by federal authorities
- Chinese manufacturers control up to 90% of the black market vape trade in the U.S.
- New federal proposals include destroying shipments and pressuring China directly
Exploited Loopholes, Addicted Teens
Illegal Chinese vapes are flooding the U.S. market through under-policed trade channels, exploiting regulatory loopholes and minimal inspection rates. Health and Human Services Secretary Robert F. Kennedy Jr. has publicly rebuked the Biden administration, calling its oversight “catastrophically weak.” He argues that the FDA’s failure to maintain an up-to-date approval list for vape products has opened the door to a black market now valued in the billions.
FDA Commissioner Marty Makary confirmed that only a tiny fraction of incoming products—as little as 2%—are inspected. Smugglers exploit a tactic known as “port shopping,” where rejected shipments are redirected to alternate U.S. ports. The result is an almost unimpeded influx of unregulated devices designed to appeal to children with sweet flavors and features that mimic video games.
Watch a report: Trump Administration Targets Illicit Chinese Vapes.
Teen vaping surged by 2,000% between 2011 and 2019, driven by the rise of discreet, flavored e-cigarettes. Despite some regulatory pullbacks, over 1.63 million U.S. students reported daily vaping in 2024. Analysts estimate that Chinese manufacturers now account for 70–90% of the black market supply. With forecasts predicting a $200 billion spike in illegal vape sales by 2030, the crisis is poised to deepen.
Political Recoil and New Crackdown
President Donald Trump has seized on the crisis, touting his prior regulatory actions—including raising the vape purchase age to 21 and banning flavored e-cigarettes—as proof of his foresight. “Kamala and Joe want everything banned,” he warned, claiming Biden’s approach would “kill small businesses.” Trump vowed to “save vaping again,” while painting the Chinese influx as a foreign attack on American children.
Meanwhile, RFK Jr. is pushing for a combined enforcement and diplomatic approach. His plan includes tightening port inspections, legally authorizing destruction of illegal shipments, and applying economic pressure on Beijing to halt the exports. He also called on the FDA and Department of Justice to jointly prosecute offenders and prevent repeat violations.
While Biden’s administration has yet to unveil a comprehensive strategy, critics say delay only worsens the health consequences. With two presidential challengers rallying around the issue, the battle over illegal vapes may become one of 2024’s defining campaign fights—and a critical flashpoint in America’s war to protect its youth.
