by Gerard Scimeca
Tennessee, like many other states across the country, is facing a serious and alarming problem right now: a massive influx of illicit vapes from China. Fortunately, there is a proposal in both houses of the state legislature that would go a long way toward keeping illegal vapes from China away from kids and out of our communities. The General Assembly ought to send it to Governor Lee’s desk before the problem gets any worse.
In 2019, President Trump predicted that Chinese manufacturers were going to flood the American market with illicit Chinese vapes, stating that, “instead of legitimate companies, good companies, making something that’s safe, they’re going to be selling stuff on a street corner that could be horrible…somebody is going to open up a shop in China and ship it in with flavors.”
As usual, President Trump was right.
Illicit Chinese vapes have been able to flourish in the United States due to lack of action from the Biden-Harris administration. The Food and Drug Administration (FDA) and Dr. Brian King at the Center for Tobacco Products (CTP) have been tasked to lead the charge to get illicit vapes from China out of our country, but they have largely failed to regulate the vape marketplace. They have largely relied on sending strongly worded “warning letters” to vape shops to little or no success.
Additionally, the FDA and CTP’s lack of ability to authorize more American products in adult-oriented flavoring in a timely manner has failed to meet surging consumer demand. Many adult smokers use vapes, especially flavored products, as a less risky alternative to cigarettes to help them kick the habit. They should be free to continue doing that.
The failures of the Biden-Harris administration have only exacerbated the illicit Chinese vape problem. This is a parent’s nightmare, but for the vape manufacturers in China it is a dream come true. They actively target our kids and market their products to them. Unlike authorized vape products, illicit Chinese vapes are flavored in kid-friendly flavors such as “Pink Sour Straws,” “Lemon Cake Dough,” and “Gummy Whip.”
A recent CDC survey estimated that more than 1.6 million American teenagers currently use e-cigarettes. In Tennessee, surveys put that number at one in five high school students. The vast majority of these kids use disposable flavored vapes, which come to the U.S. illegally from China in containers intentionally mislabeled “battery chargers” and “flashlights” to avoid detection by regulators.
The most popular brands such as Elf Bar and Geek Bar sounds more like a toy than an illicit e-cigarette. They often come in bright colors and some are made to look like school supplies. One even looks like a highlighter, making it easy for kids to bring them to and from school without adults even noticing.
New leadership is coming to the FDA and the CTP under President Trump, but states like Tennessee can step up and stop illicit Chinese vapes in the meantime.
North Carolina, Louisiana, Florida, and Wisconsin led the way in setting up state vape directories like the one proposed in Tennessee. Another two dozen states are considering this commonsense proposal as well. Momentum is building as law enforcement, parents, retailers and legislators across America say enough is enough.
A statewide directory will help the many retailers who are selling illicit vapes without even knowing they are doing so, just as it will help many small businesses that follow the rules avoid unfair competition from those who don’t. A directory will also help law enforcement do its job by holding law-breakers accountable. By keeping illicit vapes off store shelves, the registry will reduce their flow into our communities.
It is encouraging to see Speaker Cameron Sexton post on X that he is committed to stand with President Trump on this fight. More in the General Assembly should stand with President Trump and Speaker Sexton against illicit vapes from China and support the commonsense proposal that is a much-needed breath of fresh air.
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Gerard Scimeca earned his undergraduate degree from the University of Notre Dame, which he also attended as a visiting law student prior to graduating Cum Laude from the Catholic University Columbus School of Law.
