GAO Report Reveals Enforcement Gap on Illegal Vaping Products

A Government Accountability Office report reveals a stark enforcement gap on illegal vaping products, with the Department of Justice conducting only 88 enforcement actions between fiscal years 2022 and 2025, despite approximately 6,000 e-cigarette products being sold in the U.S. while only 41 have FDA authorization. The majority of illegal vapes are manufactured in China and imported illegally, with China's e-cigarette exports to the U.S. reaching $10.6 billion in 2025, while a single 2024 seizure of 3 million vapes represented just 4% of one month's exports. With 1.6 million American children using e-cigarettes and most illicit products sold in gas stations and convenience stores, anti-smoking advocates argue the enforcement response is minimal compared to the problem's scale. In response, the government formed an inter-agency task force in June 2024 led by the DOJ and FDA, while congressional lawmakers have urged the Trump administration to address illegal vapes in trade negotiations with China.

Gap between illegal vaping market scale and DOJ enforcement efforts

• ▪20 out of 88 Department of Justice enforcement actions between fiscal year 2022 and fiscal year 2025 were injunctions to stop legal violations.
• ▪A 2024 seizure of 3 million vapes worth $76 million equated to about 4% of China's e-cigarette exports to the U.S. in a single month.
• ▪The Department of Justice conducted 88 total enforcement actions against illegal e-cigarettes between fiscal year 2022 and fiscal year 2025.
• ▪The Government Accountability Office report on illegal e-cigarettes was focused on actions that involved the Department of Justice.
• ▪50 out of 88 Department of Justice enforcement actions between fiscal year 2022 and fiscal year 2025 were to add names of remote e-cigarette sellers to a list of unauthorized businesses.
• ▪The Food and Drug Administration and U.S. Customs and Border Protection seized more than 6 million illegal e-cigarette products between 2024 and 2025.

Scope and characteristics of the illegal e-cigarette market

• ▪E-cigarette exports from China to the U.S. topped $10.6 billion in 2025.
• ▪About 6,000 e-cigarette products were sold in the U.S. as of June 2024.
• ▪The FDA has authorized e-cigarette products from the brands Glas, Logic, Juul, NJOY, and R.J. Reynolds Vapor Company.
• ▪1.6 million children in the U.S. are using e-cigarettes according to recent data.
• ▪Only 41 e-cigarette products have been authorized for sale by the FDA as of June 2024.

Calls for stronger federal enforcement and strategic approaches

• ▪In June 2024, the government formed an inter-agency task force aimed at stepping up enforcement against illegal vapes, led by the DOJ and FDA.
• ▪Kathy Crosby is president and CEO of the anti-nicotine addiction nonprofit Truth Initiative.
• ▪Steven Xu is an adjunct assistant professor at the University of Waterloo who studies e-cigarettes.
• ▪A group of congressional lawmakers asked the Trump administration in March 2026 to focus on stemming the tide of illegal vapes during trade negotiations with China.
• ▪Mitch Zeller led the FDA's tobacco division from 2013 to 2022.
• ▪Senator Dick Durbin requested the Government Accountability Office report on illegal e-cigarette enforcement.
• ▪The inter-agency task force on illegal vapes includes Customs and Border Protection, the U.S. Postal Inspection Service, and the Federal Trade Commission.

Perspective of Anti-smoking advocates

• ▪The Department of Justice's 88 enforcement actions against illegal e-cigarettes are minimal compared to the scale of the illegal vaping problem.

Perspective of Mitch Zeller

• ▪Mitch Zeller states that the FDA's independent enforcement capabilities against illegal vapes are limited to warning letters and civil money penalties.

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