Key Takeaways:

• New Legal Authority: The END Illicit Chinese Tobacco Act grants the FDA the power to destroy unauthorized tobacco products, such as illicit e-cigarettes originating from China.
• Public Health and National Security: The law aims to enhance public health and protect national security by preventing harmful, unregulated tobacco products from entering the U.S. market.
• Bipartisan Support: The bill, co-led by Senator John Cornyn (R-Texas) and Representative Beth Van Duyne (R-Texas), has received broad support from various health organizations and industry groups.

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November 17, 2025 — Washington, D.C. — U.S. Senator Martin Heinrich (D-N.M.) announced that his Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act has been signed into law. This legislation grants the U.S. Food and Drug Administration (FDA) the authority to destroy illicit tobacco products, including unauthorized e-cigarettes manufactured in the People’s Republic of China, which are intercepted at U.S. borders. The law was enacted as part of the Fiscal Year 2026 (FY26) Agriculture, Rural Development, Food and Drug Administration (FDA), and Related Agencies Appropriations bill.

Legislative Overview

The END Illicit Chinese Tobacco Act extends the FDA’s authority to destroy illicit drugs and medical devices to include unauthorized tobacco products. This move is seen as crucial to addressing the growing threat of unregulated e-cigarettes entering the U.S. market, particularly those from China, which have raised significant concerns about their impact on public health, especially among adolescents.

Senator Heinrich, a member of the Senate Appropriations Committee, emphasized the importance of the new law: “For too long, illicit e-cigarettes produced in the People’s Republic of China have been flooding into our country and threatening public health. As a member of the Senate Appropriations Committee, I worked hard to ensure the federal government has clear authority to destroy these unauthorized products at the border before they can enter our communities.”

Support and Endorsements

The bill has received widespread support from major public health organizations, including the Campaign for Tobacco-Free Kids, the American Heart Association, the American Lung Association, and the National Association of Convenience Stores. These groups have praised the legislation for its potential to protect public health by preventing the illegal sale of flavored e-cigarettes, which are particularly attractive to young users.

Background and Advocacy

Senator Heinrich has long been a strong advocate for stronger FDA enforcement on illicit vaping products. He has consistently raised concerns about the presence of unregulated e-cigarettes being sold at trade shows across the U.S., often even while FDA personnel were present. In 2024, Heinrich led a bipartisan letter urging the FDA to address the issue of unauthorized electronic nicotine delivery systems (ENDS) that were openly available at prominent trade shows, with no enforcement actions taken.

In May 2025, the FDA reported that it had seized nearly two million units of unauthorized e-cigarettes with an estimated retail value of $33.8 million, the vast majority of which originated in China. While Congress had previously granted the FDA the authority to destroy certain illicit drugs and medical devices, that power did not extend to tobacco products. This gap allowed unauthorized e-cigarettes to re-enter global supply chains or attempt to re-enter the U.S. market.

Closing the Loophole

The END Illicit Chinese Tobacco Act closes this enforcement gap by granting the FDA the power to destroy illicit tobacco products intercepted at U.S. borders. This law significantly reduces the risk of unauthorized e-cigarettes entering the market, particularly flavored products that have been shown to attract underage users. By allowing the FDA to act swiftly to eliminate these products before they reach U.S. consumers, the law strengthens the country’s efforts to protect public health and national security.

Conclusion

The END Illicit Chinese Tobacco Act represents a significant step forward in the U.S. government’s efforts to combat the illegal trade of tobacco products, particularly those originating from China. By closing existing legal loopholes and granting the FDA the necessary authority to destroy illicit products, this legislation strengthens public health protections and helps ensure that harmful, unregulated e-cigarettes do not make their way into American communities. This law will also help curb the risks associated with adolescent use of flavored vaping products, which have become a growing concern for health authorities.

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