Government & Advocacy

Reuters: Vape Market Sees Increase of Unauthorized ‘Made in America’ Products

The outlet reported that many newcomers to the market lack permission for sale in the U.S.

Apr 08, 2026

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The U.S. vape market is seeing an uptick of unauthorized “Made in America” products, with some analysts saying it could stem from manufacturers trying to find a work around to the Trump administration’s crackdown on illicit vapes, reported Reuters.

“The products suggest the multi-billion-dollar industry is shifting marketing tactics under President Donald Trump's global trade tariff salvoes and a tougher approach to unlicensed vapes from U.S. authorities, especially against popular Chinese labels. The United States is the world's top market for vapes … Most vapes globally are produced in China, and the devices are imported and distributed in the U.S. often without formal permission from regulators,” the outlet wrote.

Since October 2025, at least eight new American vape brands, all of which lack permission for sale in the U.S., have appeared among the vast unlicensed labels available on U.S. shelves, according to a Reuters analysis. Trademark documents and business filings show some of those eight brands are controlled by U.S. firms but at least two are Chinese or Hong Kong-owned.

“The sale of illicit vape products, especially those from China, has grown out of control,” said Doug Kantor, NACS general counsel. “We need clear identification of these illegal actors from regulators, and we need a dramatic crackdown of enforcement to stop illicit products from entering the country and take them off U.S. streets. Illicit products create safety risks and hurt legitimate businesses, even if some try to cover themselves by misleadingly saying they are ‘Made in America.’”

The U.S. Food and Drug Administration (FDA) declined to comment on whether there had been a shift towards U.S. production of vapes, but said it is illegal to sell unauthorized vapes regardless of where they are made. The FDA has licensed only 41 vapes for sale.

“Another new label, OneTank, displays a stamp with an American flag and the phrase ‘made in USA’ on its packaging. It is controlled by a representative of Shenzhen Onevape Technology, local business filings and U.S. trademark documents show. OneTank and Shenzhen Onevape Technology did not respond to requests for comment,” wrote Reuters.

In July 2025, NACS and a coalition of retail groups sent a letter to the Trump Administration asking it to address the crisis of illicit vapes by providing lists of what can and cannot be on the market, finalizing decisions on all outstanding PMTAs and enforcing against bad actors.

NACS offers tobacco and nicotine resources here.

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

NACS serves the global convenience and fuel retailing industry by providing industry knowledge, connections and issues leadership to ensure the competitive viability of its members’ businesses.


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