Dr. Heidi Overton faces her confirmation hearing as President Donald Trump's nominee to lead the Food and Drug Administration as the agency confronts an American vape market where over 80 percent of products are illicit.
The crisis stems from illegal products manufactured in China and distributed through criminal networks. China generated more than $11 billion in illicit revenue from e-cigarette exports to the United States last year alone.
The FDA is sitting on approximately 26 million pending product applications for vaping devices. Only 48 e-cigarettes are authorized for sale in the U.S. and many of those have been pulled from shelves due to poor sales. Meanwhile, previously denied products continue to line store shelves.
American retailers cannot confidently determine which products are legal for sale, making it significantly harder to remove illicit vapes from their inventory. Foreign-manufactured products channeled through criminal networks blend seamlessly into the market.
Law enforcement has intercepted some shipments but lacks the bandwidth and clear regulatory guidance to close gaps in the growing black market. Law-abiding American businesses lose customers and revenue to pop-up vape shops funneling money back to China.
The FDA must complete its review of pending applications and publish a searchable registry of all approved and rejected individual vape products. With such a list, retailers could verify compliance within seconds, law enforcement could identify illicit operators more efficiently, and consumers would know what they are buying.
The FDA agreed earlier this year to create such a registry. Dr. Overton could prioritize making it public and accelerating the review of pending applications.
In September 2025, the FDA, working with U.S. Customs and Border Protection, seized 4.7 million units of unauthorized e-cigarette products valued at over $86.5 million, nearly all from China.
The Trump administration's FDA previously reversed a policy on flavored vapes less than one week after a tobacco company donated $5 million to a political action committee supported by President Trump. The new guidance could allow major tobacco companies to begin selling flavored vapes and capture a share of the $6 billion e-cigarette market from Chinese competitors.
The FDA has issued formal warnings to retailers nationwide for selling illegal tobacco and vaping products designed to resemble energy drinks and candy, making them appealing to younger individuals. Officials inside and outside the Trump administration said looser regulations for vapes and nicotine pouches could allow hundreds more such products into the market in coming weeks.
