Congress Members Weigh in on Illegal Vapes
Nineteen House members signed a letter urging action on illegal vapes.
May 05, 2026 | 2 min read
Nineteen members of Congress signed a letter urging U.S. Food and Drug Administration (FDA) Commissioner Dr. Martin Makary to address the growing problem of illicit vapes and nicotine pouches. The April 24 letter was spearheaded by Rep. Richard Hudson (NC-09) and addresses one of NACS' top issues.
The U.S. market has been flooded with illicit and unregulated products, largely from China, while the FDA's approval pathway for legal nicotine products has been arduous and opaque. To date, FDA has received more than 26 million premarket tobacco product applications for review. Of those products, FDA has authorized just over 60 to be on the market. While FDA has stated it is working to address the problem, it is now estimated that 85% of the market in the United States is illicit product.
Worse, FDA will not make clear exactly which products have been denied and what the status is of many products seeking approval. For responsible retailers and wholesalers, the process has created enormous confusion as they do not have the information they need to differentiate between compliant and noncompliant products.
While the FDA's process is ongoing, the illicit market in the U.S. has seen a dramatic expansion, as companies making and distributing illegal products knowingly violate FDA's guidance.
The letter noted that Commissioner Makary had taken some steps to address the issue and outlined three approaches to intensify methods to rid the market of illicit products.
Provide regulatory clarity. The current database related to vape applications lacks clarity on denials, making it difficult for retailers and customers to make informed decisions about inventory and purchases.
Address the backlog of premarket applications and act promptly on new submissions. Only 39 vapor products and 26 pouch products have been authorized, leaving consumer demand wholly unsatisfied. Delayed action drives illegal behavior and undermines effective enforcement.
Significantly strengthen enforcement against illicit nicotine products. FDA should work with groups like the Department of Justice's multi-agency task force to combat illicit vapor products and employ every available tool to remove these products from the marketplace.
"The problem of illicit nicotine products flooding the market, especially from China, has grown out of control," said Margaret Mannion, NACS director of government relations. "We appreciate Congressman Hudson and his colleagues highlighting this problem and hope that the FDA will move swiftly in response to the letter."
