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Texas has faced the unprecedented crisis of a surging southern border, but another, less visible invasion is taking place at ports of entry across the United States. This invasion is not of people but of products— illegal and unregulated Chinese vapes and electronic cigarettes that jeopardize the safety of Americans.
Sen. John Cornyn (R-TX) has pointed out that the Food and Drug Administration has struggled to establish a consistent regulatory framework for e-cigarettes, leaving the door wide open for these dangerous products to flood the market.
During a recent congressional hearing, Sen. Cornyn sharply criticized the FDA’s sluggish and inconsistent approval process for e-cigarettes, describing it as “Kafkaesque” —a term that conveys a surreal, nightmarish, and excessively complex ordeal.
While American manufacturers face red tape and delays, unscrupulous Chinese companies have seized the opportunity to dominate the market. These unregulated products, often deceptively packaged to appeal to Texas’ young people, pose serious risks to public health.
For adults, vaping can serve as a safer alternative to cigarette smoking, as noted by the official website for Johns Hopkins Medicine. However, the surge of illegal and unsafe products illegally smuggled in from China has resulted in severe health consequences, including lung illnesses with potentially lifelong effects.
Recognizing these dangers, Congress acted in 2022, expanding the FDA’s authority to enforce a ban on flavored vapes. Many of these products, which come in flavors like cotton candy and strawberry, are designed to appeal to kids.
Texas has complemented these federal crackdown efforts by enacting the Protecting Children from Electronic Cigarette Advertising Act, which prohibits child-friendly imagery such as cartoon characters and candy on vape packaging.
Despite the efforts of Texas lawmakers, China continues flooding the U.S. market with these products without regard to safety or public health.
For example, the U.S. Customs and Border Protection service seized 33,681 units of e-cigarettes at the Dallas Fort Worth International Airport, and at Los Angeles International Airport, $18 million worth of illegal e-cigarettes were discovered and confiscated. All of these vapes are illegal, and all were manufactured in China.
In other words, every city and state is now a border town. Texas Representatives Michael Burgess and Michael McCaul, both of whom serve on key congressional committees, must take the lead in addressing this issue.
Incredibly, while China is flooding America’s ports, airports, and porous borders, the U.S. International Trade Commission may be rewarding the perpetrators of wrongdoing.
The ITC is pondering a ban on the only American-made, pod-based e-cigarette device approved by the FDA. Forcibly removing it from the market would give China a near monopoly on vaping device sales, threatening public health and enriching the communists in Beijing.
Former U.S. intelligence professional Jeremy Hunt recently commented on the proposed sanction, writing, “Currently, American consumers have a choice between the single FDA-approved device…or unlicensed, potentially harmful Chinese products.” He continued by stating that removing the only legal marketplace option “would likely increase the market share of unexamined Chinese vapes, none of which have been reviewed or approved by the FDA.”
We spend billions of dollars every year protecting the health of the American people. We spend billions to safeguard our nation from illicit imports. We impose tariffs and other policies to protect American businesses from illegal dumping.
Yet, the ITC might have us effectively hand over a significant portion of the vaping market to Chinese manufacturers, undermining Texas lawmakers’ efforts to ensure consumer safety and counteract the economic strategies of the Chinese Communist Party.
This logic is flawed, and the stakes are too high to ignore. Texas' lawmakers must hold the ITC accountable to prevent a decision with lasting consequences. Given the potential impact on public health and the economy, a decisive, well-informed response is not just necessary—it is imperative.
Aaron J. Pluto is a Texas-based policy commentator with a distinguished 20-year career spanning military, intelligence, and diplomatic roles. His experience includes assignments within U.S. intelligence agencies, U.S. embassies, and combatant commands.