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K-STREET, 10,000 FEET: Cracking down on illicit Chinese vapes is a “winning issue” for Republicans
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K-STREET, 10,000 FEET: Cracking down on illicit Chinese vapes is a “winning issue” for Republicans

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The Washington Reporter
May 13, 2025

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K-STREET, 10,000 FEET: Cracking down on illicit Chinese vapes is a “winning issue” for Republicans
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THE LOWDOWN:

  • Food and Drug Administration Commissioner Dr. Marty Makary answered the calls of parents, law enforcement, and elected officials across the country to take action on illicit Chinese vapes in a recent interview.

  • Makary doubled down on President Trump’s commitment to “Save Vaping” and act on illegal vapes made by Chinese manufacturers, saying that the Trump administration is “specifically looking to end the ‘port shopping’ of incoming black market vape shipments.”

  • A former senior law enforcement official with decades of experience taking on cartels and criminals engaged in illicit drug trafficking told the Washington Reporter that, while Commissioner Makary’s comments are an important step, it is one of many that could be taken.

  • Another idea gaining momentum is diverting FDA user fees to provide state and local law enforcement resources they would need to provide “boots-on-the-ground” support.

Cracking down on illicit vapes flowing into America from China has become a “winning issue” for Republicans as the Trump administration moves to make America healthy again.

In a wide-ranging interview on Fox News, Food and Drug Administration Commissioner Dr. Marty Makary answered the calls of parents, law enforcement, and elected officials across the country to take action on illicit Chinese vapes.

Makary doubled down on President Trump’s commitment to “Save Vaping” and act on illegal vapes made by Chinese manufacturers, telling the Washington Examiner last week that the Trump administration is “specifically looking to end the ‘port shopping’ of incoming black market vape shipments.”

A former senior law enforcement official with decades of experience taking on cartels and criminals engaged in illicit drug trafficking told the Washington Reporter that, while Commissioner Makary’s comments are an important step, it is one of many that could be taken.

“Commissioner Makary’s comments are heartening as it shows that unlike the Biden-Harris administration, the Trump Administration is listening and understands the problem,” the former senior law enforcement official said.

“Attacking this problem with a comprehensive state and federal strategy could become the modern-day ‘Broken Windows’ strategy when it comes to attacking an issue that would greatly impact public health and public safety in every community across our country,” the official continued.

Last month, all Republican state Attorneys General called on the Trump administration to crack down on illegal Chinese e-cigarettes and “hold accountable those who pour Chinese e-cigarettes into the United States at the risk of American kids.” The move was first covered by the Reporter.

The conservative Polaris Security Group recently released a comprehensive plan of action, agreeing with the Republican Attorneys General, stating that “China’s illicit vape trade remains an ongoing threat to U.S. security by bankrolling the PRC’s budget” and to get it under control, it contends that the Trump administration should implement “comprehensive policy reform” that is “common sense.”

Their policy prescriptions include mirroring “enforcement strategies used to combat fentanyl trafficking, recognizing that the CCP directly benefits from the illicit vape trade as it has from fentanyl production” and that the “FDA ensure the supply of legally authorized vape products is sufficient to meet total demand and eliminate the illicit supply.”

Another common-sense solution laid out by Polaris was publishing a directory of products that have been authorized, those still under consideration, and those that have been denied for sale by the FDA. This push to publish a federal directory mirrors a similar effort across over a dozen states that have passed a state directory to provide clarity to the vape market.

Another idea gaining momentum is diverting FDA user fees to provide state and local law enforcement resources they would need to provide “boots-on-the-ground” support.

Per a Senate Republican aide, “the FDA spends millions of dollars trashing the health benefits of products that help adult smokers switch to less risky options.”

“FDA should instead look at using those funds, in partnership with state and local law enforcement, to get the illicit market under control both at our ports and in communities across the country,” the aide said.

These efforts have shown to be politically popular, especially among key political constituencies.

Recent polling shows broad support from 78 percent of suburban women in Georgia, Michigan, and Pennsylvania “agree that the FDA should take more aggressive enforcement action against illegal disposable vape products.”

"This is a winning issue for Republicans,” a senior Republican campaign aide told the Reporter.


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