By Holly Edwards

The rampant rise of illicit vape products has become a national crisis, threatening the well-being of countless Americans, especially our youth. While the Biden administration has made some efforts to address this issue, their actions have been insufficient and lack urgency, especially given the scale of the problem. Congress must demand rigorous enforcement and accountability from the federal agencies tasked with curbing this epidemic.

The recent creation of a federal multi-agency task force, announced by the Department of Justice (DOJ) and Food and Drug Administration (FDA), aimed at combating the distribution and sale of illegal e-cigarettes, appears promising on paper. This task force includes not only the FDA and DOJ, but also the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the U.S. Postal Inspection Service and the Federal Trade Commission. Its mission is to leverage all available criminal and civil tools to rein in the illicit vape market, which is targeting American youth. 

However, the Biden administration’s failures to date make clear that Congress will have to use its oversight powers to ensure the new task force is getting results. 

Despite the years-long epidemic of illegal vapes flooding our country, the illicit vape market continues to flourish, primarily driven by Chinese manufacturers. These manufacturers have been exploiting weak U.S. regulations and enforcement to dominate the market with products like Elf Bar, EBDesign and Lost Mary. These brands offer candy and fruit flavors in cheap, disposable products, making them particularly appealing to teenagers. While China has implemented a domestic ban on flavored vapes, it has allowed its manufacturers to continue exporting these products, with little repercussion from U.S. agencies.

While the FDA has issued over 600 warning letters and filed civil money penalty complaints, these actions have done little to deter companies from continuing their illegal activities. The FDA’s inability to levy penalties or file lawsuits against foreign companies and insufficient enforcement resources have only exacerbated the problem. 

Thankfully, U.S. Senator Thom Tillis has already demonstrated his willingness to confront this crisis head-on. At a recent hearing of the Senate Judiciary Committee, Tillis demanded greater action from the FDA on illicit Chinese manufacturers, which have been the primary culprits in flooding the U.S. market with these illicit, unregulated products. Sen. Tillis said “the FDA’s lack of guidance, lack of transparency, and lack of enforcement has allowed the (Chinese Communist Party) and organized crime to flood the U.S. with dangerous illicit vapes, and (its) refusal to follow congressional intent and implement the Tobacco Control Act has led to disastrous consequences for public health and American jobs.”

Senator Tillis’ leadership is crucial in holding the Biden administration accountable for their failures. The task force must not become another bureaucratic gesture, but a robust, results-driven initiative. It is imperative to include all relevant agencies, especially the CBP, to intercept and stop the influx of illegal e-cigarettes at our borders. Additionally, the Biden administration must impose rigorous enforcement and significant penalties on foreign manufacturers flouting U.S. regulations.

By demanding transparency, accountability and effective enforcement actions, Congress can ensure that foreign manufacturers no longer exploit our lax regulations, help protect our youth from the dangers of nicotine addiction and guarantee that the new illicit vape task force delivers tangible results that address the illicit vape crisis.

Holly Edwards is a Kannapolis resident, Rowan and Cabarrus County home builder, former Cabarrus County school board chair, mother and grandmother.