Top Takeaways:

• NACS and major retail associations are urging the Trump Administration to crack down on the flood of illicit Chinese vapes, which they say are harming U.S. retailers and fueling a black market.
• The groups are demanding faster decisions from the FDA’s Center for Tobacco Products on pending vape applications and clearer guidance on which products are legally allowed for sale.
• They are also calling for aggressive enforcement and increased Customs oversight to stop illegal imports, citing years of regulatory delays and market confusion that have enabled noncompliant products to flourish.

A coalition of national retail and fuel marketing associations has sent a letter to the Trump Administration demanding immediate federal action to stop the flow of illicit vaping products from China, which they say have inundated the U.S. market and are undermining legitimate retailers.

The letter was co-authored by the National Association of Convenience Stores (NACS), was co-signed by Energy Marketers of America, the National Association of Tobacco Outlets (NATO), and SIGMA: America’s Leading Fuel Marketers. It accuses the FDA’s Center for Tobacco Products (CTP) of leaving retailers without guidance for years, and enabling illegal e-cigarettes to proliferate the market while authorized products remain in regulatory limbo.

“For the last four years, illicit vapes have been flooding the U.S. market as thousands of product applications have been in regulatory limbo at CTP,” said Anna Blom, strategic advisor to the NACS government relations team. “During this time, the agency refused to provide clarity to retailers of what can and cannot be on the market.”

The letter was sent days after the FDA authorized the sale of Juul products following years of legal and regulatory disputes, a move the associations say demonstrates the agency’s ability to act quickly when prompted. They argue similar urgency is needed to resolve thousands of other premarket tobacco product applications (PMTAs) still pending.

The retail groups are asking the administration to:

• Require the CTP to decide all premarket applications, especially those that closely resemble products already authorized;
• Demand product-level clarity, so retailers can identify which products are legal, which are not, and which are still under review;
• Fully activate a federal multi-agency task force, created in June 2024, to target manufacturers and distributors of illicit vapes;
• Strengthen U.S. Customs and Border Protection efforts to detect and penalize illegal imports from China, which make up the bulk of the unauthorized products in circulation.

“The majority of stores in the U.S. are small businesses that do not have in-house legal teams to read through agency jargon,” the letter states. “They need clear and concise information from CTP.”

The industry’s plea comes amid mounting concern that the illicit market is thriving while law-abiding businesses are left waiting. Many retailers claim they are expected to comply with evolving federal rules while rogue operators openly sell unauthorized Chinese imports.

According to U.S. Customs data and industry reporting, large quantities of unauthorized disposable vapes continue to enter the country, with many falsely declared or mislabeled to evade scrutiny.

The FDA’s sluggish PMTA process, now years behind a court-mandated timeline, has left a vacuum that illegal products have filled. The agency has taken action against some brands—issuing warning letters, import alerts, and civil fines—but enforcement has not stemmed the tide.

Retailers argue that without faster regulatory decisions and clearer enforcement from FDA and CBP, the legal marketplace will continue to suffer while noncompliant products dominate shelf space and online platforms.

“There is an opportunity now,” said Blom, “for this Administration to take swift action… to give long-awaited clarity to retailers and to enforce against those selling illicit products.”

The letter marks one of the most direct calls yet from retail groups for a comprehensive federal crackdown on unapproved nicotine products—a demand that is likely to grow louder as the FDA’s public credibility and the future of vape regulation remain uncertain.