Illegal Chinese Vapes Are a National Emergency

Tensions with China have never been more … well, tense. While President Donald Trump has led tough tariff negotiations with the Chinese government, recent signs suggest China is coming to the table and a deal may be imminent.

So, wouldn’t Chinese manufacturers—with ties to the Chinese Communist Party—sidestepping tariffs to flood our markets with poisonous products completely undermine that goodwill?

Almost certainly.

That’s what is occurring in the electronic cigarette market. Illegal, disposable vapes from China are illicitly entering the U.S. through a complex system of brokers, smuggling, and secrecy.

One way Trump can rebalance those scales is by justifiably designating this concern as a national emergency under the International Emergency Economic Powers Act. This would allow him to impose more tariffs on China because of that national emergency. Such a move may also provide the president even more leverage to prevent China from encouraging these practices and get us an even better deal with the country as these trade negotiations heat up.

Let’s unpack this.

In 2024, Reuters reported that manufacturers shipped $3.6 billion worth of vapes into the U.S. One problem: U.S. Customs only recorded $333 million worth of product. That’s a staggering 90% discrepancy.

How were the Chinese able to achieve this?

The Biden administration’s lack of enforcement at our border. Most of these illegal shipments—almost all of which originated in Shenzhen—were intentionally mislabeled as “battery chargers,” “toys,” or even “shoes.” 

But the real trouble occurs once these vapes are inside our borders.

Most of these vapes have nicotine levels that exceed our legal limits. To put this in perspective, one vape pen can pack “as much nicotine as 590 cigarettes.” Some maintain a toxic cocktail of chemicals and even heavy metals. One researcher at UC Davis’ Department of Environmental Toxicology was shocked at the amount of lead in disposable vape offerings. He stated that “[t]he levels [of lead] far exceeded anything in our past data, or even the published literature.”

Worse, Chinese manufacturers are directly targeting American youth. Many of these manufacturers provide child-enticing flavors, such as “sour raspberry” or “gummy bear,” and packaging resembling smart devices or cartoon characters. These strategies, all of which are illegal in the U.S., show an intentional effort to target children and teenagers.

Enforcers are waking up to address the concern. Some states have even opened an investigation into these intermediaries for selling unlawful e-vapes. Massachusetts seized 279,432 illegal vapes last year—a 21,000% increase from the preceding that one.

Even so, the reality is that this groundswell of illicit products is inundating states, which is why we are going to need a coordinated, national enforcement. As former Alcohol, Tobacco, Firearms and Explosives official Richard Marianos remarked, there needs to be a “unified, holistic approach” involving … both local and federal government.” Indeed, 29 state attorneys general have written the Trump administration asking it to stop the onslaught of illegal Chinese vapes from entering our borders.

A bipartisan group of members in the House of Representatives has also called on Trump to use the full force of his administration “to combat this serious issue, including by pursuing, as appropriate, civil and criminal penalties both against companies who unlawfully export ENDS products to the United States and the distributors who sell them to America’s children.”

This is no doubt a national emergency.

So why doesn’t the president use his powers under the International Emergency Economic Powers Act to impose heavy tariffs on China as a deterrence? Especially when such a move will provide the U.S. even more leverage in our trade discussions. It’s just common sense.

One problem: This strategy only works if the border is secure to ensure China can’t avoid those tariffs and the negotiations by extension.

Thankfully, help is on the way.

On July 4, Trump signed his “Big, Beautiful Bill” into law. The legislation allocates more funding to border enforcement.

With more resources, law enforcement can crack down on dangerous Chinese vapes ending up in the hands of American children. Additionally, the U.S. Department of Justice can collaborate further with other agencies to pursue legal actions against Chinese manufacturers.

With other aspects of border patrol funded and better staffed, law enforcement can more vigilantly police our borders to prevent China’s too-clever-by-half tactics that led to this problem in the first place.

Any way you slice it, better enforcement is the solution to this problem and will enable the U.S. to maintain a dominant bargaining position in its current trade negotiations with our most prominent foreign adversary. America’s health—especially the lives of its most vulnerable—depend on it.

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