U.S. FDA Commissioner: Cracking Down on Illegal E-Cigarettes a “Top Priority” — 85% of Vape Shop Products Deemed Illegal

Key points:

·Regulatory Focus Intensifies: Commissioner Marks said that cracking down on illegal e-cigarettes will be the FDA's "top priority" in the future, and stated that they will "begin seizing and confiscating." 

·Proliferation of disguised products: Law enforcement officials point out that the new generation of illegal e-cigarette devices are disguised as backpacks, phone cases, highlighter pens, game consoles, making it easier for young people to evade regulations. 

·Minimal legal products: Currently, only 39 e-cigarette products in the United States have FDA authorization, all of which are tobacco or mint flavors, excluding fruit flavors or electronic game features. 

·Alarming proportion of illegal products: Marks stated that 85% of e-cigarette products sold in e-cigarette stores are illegal, and the FDA has sent out 800 warning letters to retailers and distributors. 

·Enforcement data revealed: In the first six months of 2025, US customs seized approximately $60.3 million worth of illegal e-cigarette products. In just the month of June, 2 million items were confiscated, totaling nearly $34 million.

【2Firsts News Flash】According to a report from ABC News on July 23, Dr. Marty Makary, director of the FDA, stated on July 22 that a large quantity of illegally imported e-cigarettes, targeting children and teenagers, is entering the United States from China.

Macari stated that cracking down on illegal e-cigarettes will be the agency's top priority going forward.

“We will begin confiscating and seizing. We will treat this matter seriously.”

Markari said.

According to law enforcement officials who spoke to ABC News, the new generation of products is designed to help teenagers discreetly use e-cigarettes while attempting to evade parents and teachers. These devices include e-cigarette units disguised as backpacks, smartphone cases, highlighters, and handheld electronic gaming devices.

“In the United States, there are no approved e-cigarette products with electronic gaming features. Similarly, in the United States, there are no approved e-cigarette products with these popular fruity flavors.”

Makari said while holding an illegal e-cigarette.

Last month, the U.S. Customs and Border Protection seized approximately 2 million illegal products, estimated to be worth nearly $34 million.

“This is just a small portion of what we have uncovered here.”

US Customs and Border Protection official Eric Everson recently stated while visiting a confiscated e-cigarette facility.

In just the first six months of 2025, the U.S. Customs and Border Protection seized e-cigarette products with a domestic value of $60.3 million.

“We are concerned about the increasing number of e-cigarette shops emerging across the United States, as parents are not aware of what these shops are selling.”

Makari said.

Currently, only 39 e-cigarette products have been authorized by the US FDA for legal sale in the United States - all of which are flavored with mint or tobacco.

Markari told ABC News that the FDA recently sent a total of 800 letters to e-cigarette retailers and distributors, warning them not to sell unauthorized products.

“According to the FDA's list, 85% of e-cigarette products sold in e-cigarette stores are illegal. We don't even know what these illegal e-cigarette products contain.”

Markarli said.