Top Takeaways:
- Sen. Cornyn’s END Act, giving FDA authority to destroy illicit imported vapes, passed within the government funding package.
- China accounts for most counterfeit or illegal e-cigarettes entering the U.S., including $34M in products seized by FDA this year.
- Public-health groups and fuel-retail associations endorsed the measure, calling it critical for youth protection and enforcement.
U.S. Senator John Cornyn announced that key provisions from his Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act were included in the government funding legislation approved by the Senate and the House this week. The legislation grants the U.S. Food and Drug Administration new authority to destroy illegal tobacco products entering the country, including the influx of imported vapes and e-cigarettes originating from China.
“China is raking in the dough at the expense of American teens and young adults by lining U.S. shelves with illegal vapes and e-cigarettes,” Sen. Cornyn said in a statement announcing passage of the measure. “This legislation would crack down on China’s counterfeit cash cow that’s corroding our nation’s health and extend the FDA’s destruction authority to these dangerous imported tobacco products.”
The bipartisan provision, cosponsored by Sen. Martin Heinrich (D-NM) and led in the House by Rep. Beth Van Duyne (R-TX), was included in the Fiscal Year 2026 Agriculture–FDA appropriations bill, part of the broader funding package needed to reopen the federal government.
President Donald Trump signed legislation late Wednesday to end the 43-day government shutdown, pushing the next funding deadline into late January.
Cornyn’s office emphasized that the authority is urgently needed. Although the FDA is responsible for regulating tobacco products under the 2009 Tobacco Control Act, federal law has never explicitly granted the agency the power to destroy misbranded or counterfeit tobacco items intercepted at U.S. ports — even though Congress has granted similar authority for illicit pharmaceuticals and medical devices.
According to the Senator, the absence of that authority has allowed millions of illegal vapes to flood the domestic market despite FDA marketing denial orders or outright bans. Federal regulators announced earlier this year that they seized $34 million worth of illegal vaping products, nearly all imported from China, highlighting the scope of the problem. The 2024 National Youth Survey found that seven of the ten most popular e-vapor brands among U.S. youth are illegal.
According to Cornyn’s office, China “is responsible for the lion’s share” of counterfeit or illicit nicotine products shipped into the United States, which are then sold online, in convenience stores, and at gas stations — often without age verification or compliance with federal premarket requirements.
The END Act authorizes the FDA to order the destruction of products found to be adulterated, misbranded, or otherwise unlawful under federal tobacco law. It addresses what Cornyn called a “national security and public health threat” posed by illicit imports. Supporters say it will improve enforcement by removing any remaining uncertainty about whether federal officials can destroy seized products instead of releasing or indefinitely storing them.
The measure has received backing from a coalition of public health groups and retail organizations, with endorsements from the Campaign for Tobacco-Free Kids, the American Heart Association, the American Lung Association, the National Association of Truck Stop Owners, the Society of Independent Gasoline Marketers of America, and the National Association of Convenience Stores.
Advocates say the authority has been overdue for a long time, arguing that counterfeit and unregulated vape products evade taxes, undercut companies legally operating under strict FDA controls, and pose risks due to unknown ingredients and inconsistent nicotine levels.
