Oversight Committee Seeks DOJ Briefing on Illegal Chinese Vape Products Threatening American Consumers and Public Health

WASHINGTON – House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) is continuing to investigate the influx of unregulated, illegal vapor products, primarily from China, available for sale in the United States. In a letter to U.S. Department of Justice (DOJ) Attorney General Pam Bondi, Chairman Comer emphasized that the supply of unauthorized vapor products in the U.S. has surged alarmingly over the past four years and is now requesting a staff-level briefing to gain a clearer understanding of how the DOJ is working to combat this illicit market effectively.

“The supply of unauthorized vapor products on the U.S. market intensified at an alarming pace over the last four years. These illicit products are openly sold to consumers in stores and major trade shows around the nation, sometimes in view of U.S. Food and Drug Administration (FDA) personnel. With many vapor products lacking market authorization from the FDA, the illicit products from China routinely circumvent U.S. Customs and Border Protection (CBP) agents at ports of entry.  The FDA’s failure to approve effective alternatives—and the regulatory backlog of its own making—during the Biden Administration continues to drive consumers to these unregulated, unsafe, and unknown options. Although the vaping rates of America’s youth continue to decline, the nation’s youth still find themselves consuming illicit products marketed with fruity flavors––with the top three brands originating in China,” wrote Chairman Comer.

The Committee highlighted this issue during its April 9, 2025 hearing, “Restoring Trust in FDA: Rooting Out Illicit Products,” emphasizing a significant enforcement shortfall under the Biden Administration, which puts American consumers and public health at risk. Reason Foundation’s Guy Bentley testified that introducing a new cigarette is easier than bringing safer smoking alternatives to market. While the FDA and DOJ are responsible for enforcing restrictions on illicit products, the Biden Administration’s enforcement actions were woefully insufficient.

“CBP agents occasionally intercept illicit vapor product shipments from China—often disguised through falsified shipping manifests.  However, the sheer volume of imports from China overwhelms current enforcement capabilities.  This has been further exacerbated by ongoing border security issues under the Biden Administration.  As a result, a stronger, more coordinated response—including robust legal action—is urgently needed. China’s involvement in illegally selling these products on the U.S. market is a matter of national concern. These illicit Chinese products, devoid of regulatory oversight and public health safety review, put Americans at risk and provide an influx of cash to China. In addition to these concerns, there are new concerns that China allegedly works with Mexican drug cartels, many of which are now designated foreign terrorist organizations (FTOs), to launder money enabling the cartels to traffic products into the interior of the United States. The Committee urges DOJ to continue to prioritize this critical issue. As a key part of the Trump Administration, which has emphasized strong border enforcement and combating the trafficking of illicit produces, DOJ plays a vital role in keeping harmful substances—particularly those targeting our youth—off the streets. To assist the Committee’s oversight of this matter, we request a staff-level briefing as soon as possible…”

Read the letter here.