House and Senate Introduce END Act to Stop Illicit Vapes

The bipartisan, bicameral legislation gives federal agencies tools to destroy counterfeit tobacco products.

November 10, 2025

Congresswoman Beth Van Duyne (R-TX-24), Senator John Cornyn (R-TX) and Congresswoman Debbie Dingell (D-MI-6) introduced the Ensuring the Necessary Destruction of Illicit Chinese Tobacco (END) Act last week, seeking to “strengthen enforcement tools to block illicit tobacco imports and protect U.S. consumers from unsafe and counterfeit products.”

The END Act authorizes the Secretary of Health and Human Services to destroy adulterated, misbranded or counterfeit tobacco products that are offered for import into the United States.

This legislation will update the Federal Food, Drug and Cosmetic Act (21 U.S.C. 381(a)) to explicitly include tobacco products, ensuring they are treated the same as counterfeit drugs or medical devices when intercepted by federal authorities.

“NACS strongly supports the END Act. Illicit vapes have flooded the U.S. market for far too long, leaving responsible retailers—who follow the law—at a disadvantage while bad actors continue to profit,” states Anna Blom, strategic advisor to NACS. The legislation will help keep these products out of our neighborhoods by giving enforcement agencies the authority they need to seize and destroy them.

“We have seen too many illegal vapes slipping through the enforcement cracks, posing health and safety risks to Americans,” said Congresswoman Van Duyne. “These dangerous and counterfeit products have been flooding into our country from places like China. The END Act will give federal agencies the tools that they need to destroy these counterfeit or misbranded goods before they reach our shelves.”

The END Act is supported by NACS, along with 7-Eleven; Altria; the Campaign for Tobacco-Free Kids; the American Heart Association; the American Lung Association; NATSO; Representing America’s Travel Centers and Truck Stops; and SIGMA: America’s Leading Fuel Marketers.

Read more about the illicit vape market in the July 2025 issue of NACS Magazine feature “Smoking Out the Illegal Vape Industry.”