Trump’s FDA is getting an overhaul. It’s time to crush China’s $11 billion illegal vape empire

Published October 5, 2026 10:00am ET



For the first time since May, the Food and Drug Administration is set to have new leadership, as Dr. Heidi Overton undergoes her confirmation hearing following her nomination by President Donald Trump. However, no matter who the next FDA commissioner is, there’s no doubt America’s illicit vape crisis will loom large over their early priorities. More than 80% of vapes on the market are illicit products. But, with such a huge problem also comes great opportunities for Overton to make quick progress that appeals to both sides of the aisle.

Thanks to Chinese manufacturers and criminal cartel networks, the American vape market is flooded with illegal products, and little has been done to remedy this crisis. The FDA rests on a backlog of roughly 26 million pending product applications, yet only 48 e-cigarettes are currently authorized for sale. Of those 48, even fewer remain on the market due to a lack of sales, while other previously denied products still line store shelves. While China rakes in over $11 billion worth of illicit revenue, our American retailers and distributors are left playing a guessing game about which products can and cannot be sold.

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