Dusty Johnson Joins 71 Lawmakers Urging Treasury, USTR on Curbing Import of Dangerous Chinese Vapes
Washington, D.C. – U.S. Representative Dusty Johnson (R-S.D.) joined 71 House lawmakers in a letter to U.S. Department of Treasury (Treasury) Secretary Scott Bessent and U.S. Trade Representative (USTR) Ambassador Jamieson Greer urging them to combat the flow of illicit Chinese e-cigarettes and vapes from flooding into American markets without approval from the U.S. Food and Drug Administration (FDA).
The lawmakers asked the Trump Administration to consider the national security and public health threats these vapes pose in any future trade negotiations with the Chinese government.
“These [Chinese vapes] are a threat to national security. The Department of Justice has reported that unauthorized vapes are frequently smuggled from China and sold near schools and military bases, putting minors and service members at risk. The Drug Enforcement Administration has investigated vape shops in proximity to military installations and found that many are owned or operated by foreign nationals suspected of deliberately targeting military personnel,” the lawmakers wrote.
Full text of the letter can be found here or below:
Dear Secretary Bessent and Ambassador Greer:
As trade discussions with the People’s Republic of China (PRC) advance, it is critical that the United States Trade Representative (USTR) and the Department of the Treasury confront the ongoing exploitation of our trade system. Any new trade agreement with China should require the Chinese government, through its oversight of e-cigarette exports, to take decisive action to curb the influx of illegal, youth-oriented e-cigarettes that openly flout U.S. and Chinese law.
The Administration has made clear that stopping the flow of dangerous and plainly illegal Chinese e-cigarettes is a national priority. We commend the important work of U.S. Customs and Border Protection officers, who continue to intercept illicit, often misdeclared, shipments. Despite these efforts, Chinese e-cigarette exports to the United States continued to rise during the final quarter of 2025, surpassing $10 billion in that year.
These devices are a threat to national security. The Department of Justice has reported that unauthorized vapes are frequently smuggled from China and sold near schools and military bases, putting minors and service members at risk. The Drug Enforcement Administration has investigated vape shops in proximity to military installations and found that many are owned or operated by foreign nationals suspected of deliberately targeting military personnel. One joint operation led to 20 arrests, including three Chinese nationals.
The emergence of Chinese “smart vapes”—which connect to smartphones—poses an additional cybersecurity threat. These devices may enable unauthorized access to personal data, cameras, microphones, geolocations, and networks. If used by military personnel, sensitive information could flow directly to the Chinese Communist Party under China’s 2017 National Intelligence Law, which requires companies to cooperate with state intelligence services.
Given the threat these devices pose, the U.S. government should aggressively counter the source of these products. It is far more efficient to prevent these products from entering the United States from China than it is to intercept such products once they have entered the U.S. domestic supply chain. Chinese law bans manufacturers from shipping e-cigarettes to a country where those products are illegal. Although the State Tobacco Monopoly Administration (STMA) exerts extensive control over the e-cigarette- industry in China, including the export of such products, the STMA has allowed massive quantities of illegal e-cigarettes shipments to the United States. This is not an administrative lapse; it appears to be a deliberate strategy on the part of the STMA that capitalizes on gaps in U.S. enforcement. Any forthcoming agreement with the PRC must ensure that the STMA enforces its existing rules on these illegal exports.
The need for action is urgent. Illicit Chinese e-cigarette makers and their U.S. distributors intentionally design and market products to appeal to young people—using candy flavored cartridges, toy-like designs, and packaging styled after fashion accessories. They rely on influencer marketing on youth-heavy platforms such as TikTok and Instagram. These illegal products often contain carcinogens, toxic additives, and high levels of heavy metals like lead, along with other unknown substances.
Moreover, the illicit e-cigarette- trade has become an attractive revenue stream for Mexican drug cartels. Associated Press reporting indicates that cartels have secured a dominant share of the illegal market in Mexico and are continuing to expand their operations in the United States. E-cigarette sales are illegal in Mexico, but demand for these products still exists which has likely led to the rise of cartel involvement in the sale of these devices. The Financial Crimes Enforcement Network (a bureau of the Department of the Treasury) has identified these products as a vehicle for trade-based money laundering schemes tied to fentanyl proceeds, and the U.S. Bureau of Alcohol, Tobacco, and Firearms has similarly traced funds from illicit Chinese e-cigarette sales to foreign adversaries and cartel operations inside the United States.
For these reasons, we strongly urge the USTR to elevate this matter in ongoing trade negotiations with China and to pursue a binding commitment requiring the Chinese government to stop all e-cigarette exports that fail to comply with U.S. and Chinese law. U.S. national security and public health require nothing less.
Sincerely,
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