Congressman Andy Harris Urges Senate to Fund the Fight Against Illicit Chinese Vapes

WASHINGTON — Today, Congressman Andy Harris, M.D. (MD-01), Chairman of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Subcommittee on Appropriations, called on the Senate to support the House-passed initiatives in its Fiscal Year 2027 appropriations bills to give the federal agencies the resources they need to shut down the illicit nicotine marketplace, including vapes and e-cigarette products designed to appeal to children, and protect Americans from these dangerous products. 

“Illegal vapes from China continue to make their way onto shelves and into the hands of unsuspecting Americans,” said Rep. Harris. “The House passed the Fiscal Year 2027 Agriculture Appropriations Act this summer, and I urge the Senate to move forward with its appropriations bills so we can strengthen enforcement against these illegal products.” 

The House-passed Agriculture-FDA bill directs FDA to dedicate at least $200 million in tobacco user fees to enforcement against illegal e-cigarettes and vapes. That includes $20 million for the ENDS Enforcement Task Force, a joint effort of the Department of Justice, the Department of Homeland Security, and FDA to target the illegal manufacture, importation, distribution, and sale of these products, a majority of which are produced in China. The bill also directs FDA to expand its enforcement priorities to flavored disposable vapes and to report regularly to Congress on seizures of illicit products, support for state enforcement, and efforts to educate retailers about which products are legal to sell.  

The Agriculture-FDA bill is one part of a whole-of-government strategy House appropriators have advanced this year. Across five other FY2027 bills, the Appropriations Committee has directed the Department of Justice to lead the ENDS Enforcement Task Force and pursue trade fraud, smuggling, and money laundering cases against illicit importers. It has provided $5 million each to Customs and Border Protection for the task force and to Homeland Security Investigations for criminal investigations into illegal imports. It has also directed Treasury and the State Department to disrupt the financial networks behind the trade, directed the U.S. Trade Representative to seek an enforceable agreement with China to stop illicit exports at the source, and directed the Department of Transportation to crack down on mislabeled lithium-battery vapes shipped on passenger and cargo aircraft. 

“This has become a national security problem,” said Rep. Harris. “Illegal vapes put money in the pockets of the Chinese Communist Party and the criminal cartels operating inside our borders. House appropriators have given every agency with a role in stopping this trade clear direction and the resources to act, and now those resources need to be put to work.” 

“Responsible retailers are at a competitive disadvantage as long as bad actors continue to sell illicit products,” said Margaret Mannion, director of government relations at the National Association of Convenience Stores. “The convenience industry supports every effort to stop the flood of illegal vapes onto our market, and we applaud Chairman Harris’s support for enhanced federal enforcement against illicit tobacco products. American consumers deserve access to authorized, legal products, and it will take coordinated action across government, like the work of the ENDS Enforcement Task Force, to make that happen. There’s no time to waste.” 

“I will continue fighting to stop the flow of illegal vapes into our country and give FDA and federal law enforcement the resources they need to crack down on this illicit trade,” said Rep. Harris. “Foreign bad actors, especially China, should not be able to profit from flooding the American market with illegal flavored disposable vapes that are designed to appeal to children.” 

For media inquiries, please contact Michella Carter at Michella.Carter@mail.house.gov