The Food and Drug Administration (FDA) is prioritizing a crackdown on illicit Chinese vapes while starting the approval process for safe, American-made vapes. And, a House Republican is building on the Trump administration’s work with a push for more action.
Rep. Ashley Hinson (R., Iowa) is not flying to China with President Donald Trump and his entourage, but she is sending an unmistakable message to China with her recently-announced bill.
“China is flooding our country with illegal vape products designed to hook our kids, and as a mom to teenage boys, I refuse to sit back and let that happen,” Hinson told the Washington Reporter following an introduction of her latest bill. “These illegal vapes contain dangerous chemicals and shockingly high amounts of nicotine, yet China is pushing them on American kids while banning them at home. That cannot continue. [My] bill ramps up enforcement and ensures bad actors that are targeting American kids face serious consequences.”
Hinson’s bill, the Eliminating Nefarious Distribution of Smuggled (ENDS) Chinese Vapes Act, is the House counterpart to legislation introduced by Sen. Tom Cotton (R., Ark.), and it would establish escalated civil penalties for anyone who imports or attempts to import illegal vapes into America. The fines quickly escalate; from $500 per vape unit for violations involving ordinary negligence to $1,000 per vape unit for violations involving gross negligence, maxing out at $5,000 per vape for violations involving fraud or mislabeling.
Those penalties double if the shipment involves deceptive practices like false country of origin declarations or other evasive tactics. The penalties triple for repeat offenders within a three-year time frame.
Hinson’s office noted that many illicit vapes coming from China are unregulated in American markets and contain harmful chemicals like formaldehyde, lead, and other toxic substances.
Studies of disposable e-cigarettes from China have found that they can deliver nicotine levels equivalent to nearly 20 packs of cigarettes in a single day’s use. Over time, users can be exposed to dangerous metals like chromium and nickel. Most of the illicit vapes that China exports to America are outright banned within China’s borders. “They won’t allow the sale of these vapes for their own people, but they’re shipping them in droves to the U.S. and targeting our kids,” Hinson’s office explained.
