House Oversight Committee Chairman James Comer (R-Ky.) has requested a briefing from the Department of Justice (DOJ) regarding the growing availability of illegal vapor products, mainly originating from China, being sold in the United States. In a letter to Attorney General Pam Bondi, Comer stated that unauthorized vapor products have increased significantly over the last four years and are now easily found in stores and at trade shows across the country.
“The supply of unauthorized vapor products on the U.S. market intensified at an alarming pace over the last four years. These illicit products are openly sold to consumers in stores and major trade shows around the nation, sometimes in view of U.S. Food and Drug Administration (FDA) personnel. With many vapor products lacking market authorization from the FDA, the illicit products from China routinely circumvent U.S. Customs and Border Protection (CBP) agents at ports of entry. The FDA’s failure to approve effective alternatives—and the regulatory backlog of its own making—during the Biden Administration continues to drive consumers to these unregulated, unsafe, and unknown options. Although the vaping rates of America’s youth continue to decline, the nation’s youth still find themselves consuming illicit products marketed with fruity flavors––with the top three brands originating in China,” wrote Chairman Comer.
During an April 9, 2025 hearing titled “Restoring Trust in FDA: Rooting Out Illicit Products,” committee members raised concerns about enforcement efforts under President Biden’s administration. Testimony included comments from Reason Foundation’s Guy Bentley noting it is currently easier to introduce a new cigarette than bring safer alternatives for smoking onto the market.
“CBP agents occasionally intercept illicit vapor product shipments from China—often disguised through falsified shipping manifests. However, the sheer volume of imports from China overwhelms current enforcement capabilities. This has been further exacerbated by ongoing border security issues under the Biden Administration. As a result, a stronger, more coordinated response—including robust legal action—is urgently needed. China’s involvement in illegally selling these products on the U.S. market is a matter of national concern. These illicit Chinese products, devoid of regulatory oversight and public health safety review, put Americans at risk and provide an influx of cash to China. In addition to these concerns, there are new concerns that China allegedly works with Mexican drug cartels, many of which are now designated foreign terrorist organizations (FTOs), to launder money enabling the cartels to traffic products into the interior of the United States. The Committee urges DOJ to continue to prioritize this critical issue. As a key part of the Trump Administration, which has emphasized strong border enforcement and combating the trafficking of illicit produces, DOJ plays a vital role in keeping harmful substances—particularly those targeting our youth—off the streets. To assist the Committee’s oversight of this matter, we request a staff-level briefing as soon as possible…”
James Comer represents Kentucky's 1st congressional district and has served in Congress since 2016 after replacing Ed Whitfield (https://comer.house.gov/about). He previously served in Kentucky's House of Representatives between 2001 and 2012 (https://bioguideretro.congress.gov/Home/MemberDetails?memIndex=C001108). Born in Carthage, Tennessee in 1972, Comer resides in Tompkinsville (https://www.courier-journal.com/story/news/politics/elections/kentucky/2023/02/06/who-is-james-comer-republican-chair-of-house-oversight-committee/69874923007/) and graduated with a Bachelor of Science degree from Western Kentucky University in 1993.
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