This month, the biggest bust of illegal e-cigarettes in U.S. history was worth $90 million. It’s a bold move to crack down on an industry regulators say is rooted in organized crime and considered a threat to national security.
FDA Commissioner Dr. Marty Makary said this pipeline of illegal Chinese products is now a top priority for his agency.
Vaping products are a booming market – flooding American neighborhoods and funding foreign enemies.
For years, we’ve documented the warnings.
“The Chinese government is not a friend to the United States,” said Jim Carroll, former director of the Office of National Drug Control Policy. “Let there be no mistake. They know exactly what they’re doing. They’re wiping out an entire generation.”
From administration officials to senior members of law enforcement, the chorus was the same.
“We have a problem in this country and the beneficiaries and the benefactors of this is Chinese organized crime,” said Rich Marianos, former Deputy Director of ATF.
Even on Capitol Hill, leading lawmakers were literally shouting for action. At a 2024 hearing, Senator Dick Durbin of Illinois grilled the former Director of the FDA’s Center for Tobacco Products, Brian King.
“Do something! What the hell are you waiting for?” said Durbin in a June 2024 Senate Judiciary Committee hearing to question the FDA and Department of Justice about their failure to act on youth e-cigarette use and the sale of unauthorized vaping products.
Durbin, along with other senators, grilled officials and highlighted evidence of failures in enforcement and regulation.
Our investigations revealed that most vaping products are made in China and notorious cartels, like Sinaloa, are known to partner with Chinese manufacturers to move illegal products. There are approximately 7,000 vape products sold in the U.S.; only 39 are approved by the FDA.
We discovered huge public expos – at convention centers across America, selling products that are illegal under federal law and which can contain dangerous substances like heavy metals and even fentanyl – going unaddressed by law enforcement.
“This is the FDA’s job, and they didn’t do it,” Marianos said.
The agency sent hundreds of warning letters but lacked robust enforcement.
Even those within the agency, like David Oliveira, were incredibly frustrated.
“I rang all the alarms I could possibly ring to say that this Chinese product situation had gotten out of control and that we needed to corral this,” said Oliveira.
Oliveira left the FDA after six years as a senior staffer because, he said, of frustrations that included the agency’s failure to combat China flooding the U.S. market with illicit vapes.
The FDA Commissioner said the anemic response from the agency stops with him. He sat down with us to talk about the youth vaping epidemic.
Lisa Fletcher: “When most people think of the FDA, they don’t think of law enforcement. You’re exercising authority that the previous FDA leaders did not. Why?
Commissioner Makary: “We have to do it when you have up to a quarter or more of your nation’s children regularly using an addictive product. When you have kids from good families who are addicted, and they know they’re addicted, and they want to stop but they can’t stop. We have a real problem.”
Makary was on the ground in Chicago for the bust when his team seized nearly 5 million products.
Commissioner Makary: “There were approximately a hundred Starbucks in that greater region, while there were 1,200 plus vape and smoke shops and other retailers that are selling illegal vape products. So, we have to understand what is ballooning up right in front of our eyes in order to address the issue.”
Lisa Fletcher: “This bust underscores some other things – the fact that this is rooted in China is a big one, that it’s connected to organized crime and cartels and this is a $2 billion a year problem.”
Commissioner Makary: “At least. It could be a hundred billion.”
Lisa Fletcher: “So the bust is an amazing accomplishment. It’s a fantastic headline, but how do you unwind what’s happening in America? How do you put the toothpaste back in the tube on this one?”
Commissioner Makary: “Yeah, this illegal vaping product bust was the largest in U.S. government history, but it’s the tip of the iceberg. We have to do everything. We have to go after the distribution networks.”
Which have exploited weak enforcement at U.S. ports.
Commissioner Makary: “We have had something called ‘port shopping,’ which means the illegal vapes come in, our FDA inspectors look at them, and then, in the past, I found out that the FDA was putting them back on the ships while the Chinese manufacturers were just going to the next port and a 100% of it was getting in. It was a joke. They were laughing at us. “
Makary said few people understand the scope of the problem.
Commissioner Makary: “This is a big epidemic right now affecting children that very few people are aware about. Very few adults understand what’s going on among middle school and high school kids. Right now, it’s up to half of kids in some high schools are addicted to vaping products and 64% have tried to quit and not been able to quit. According to a recent study.”
And Makary said the deeper he dives in, the more he finds.
Commissioner Makary: “If you’re wondering why the vape shops are popping up on every neighborhood in America like mushrooms, what’s in there are up to 85% of their vaping products are illegal products that are mostly from China, and they’re banned in China. The Chinese don’t allow these products with their kids. There’s also an opioid called 7 0 8. So, you can walk into these shops and buy an opioid, like you walk into a coffee shop and buy a cup of coffee. People need to know what is in these vape shops and they need to educate their kids. We’re doing everything we can at the FDA and with law enforcement, but people need to understand what this can do to your body and educate their kids.”
Lisa Fletcher: “Do you see this also as a national security threat?”
Commissioner Makary: “It is. Look, it’s a major public health problem and we have to do this; we have to take this action. The FDA has a law enforcement division. We have to do our job when it comes to these illegal vape products.”
We asked the Department of Justice in the wake of the Chicago seizure if there were arrests, if anyone has been charged and whether they are looking to trace the source of the shipment and potentially take legal action against the manufacturers. They did not respond to multiple inquiries.