New Bill Would Empower FDA to Destroy Illicit Chinese Tobacco Products

Last week, Sen. John Cornyn and Rep. Beth Van Duyne, joined by Sen. Martin Heinrich and Rep. Debbie Dingell, introduced the Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act—known as the END Illicit Chinese Tobacco Act (END). The bill would amend the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to seize and destroy adulterated, misbranded, or counterfeit tobacco products—including vapes and e-cigarettes—imported from China, specifically granting the U.S. Food & Drug Administration that authority.

“By giving the FDA destruction authority over these imports, this legislation would turn off the spigot of illicit e-cigarettes and vapes flowing from China and address the public health crisis sweeping across our nation,” Sen. Cornyn said.

Lawmakers point to the public health risks posed by counterfeit goods, which dominate illicit e-vapor brands used by youth. The END Act would extend the FDA’s existing destruction powers—now applied to certain drugs and medical devices—to tobacco products.

“We have seen too many illegal vapes slipping through the enforcement cracks, posing health and safety risks to Americans,” Rep. Van Duyne said. “The END Act will give federal agencies the tools that they need to destroy these counterfeit or misbranded goods before they reach our shelves.”

The bill has support from major health organizations, including the Campaign for Tobacco-Free Kids and the American Heart and Lung Associations, as well as industry groups such as 7-Eleven and Altria.

The bill has been introduced; no date for a markup or committee hearing has been publicly posted thus far.


This article was adapted from an original report published on tobaccoreporter.com. All rights belong to the original publisher.

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