90% are going undetected.
In 2024, an overwhelming majority of Chinese-made vape products sent to the United States went unreported in official U.S. import data, sparking concerns over widespread mislabeling to sidestep American tariffs and regulations. While Chinese export figures show more than $3.7 billion in vape and e-cigarette shipments destined for the U.S., American customs data only accounts for around $318 million. Experts suggest this massive gap stems from deliberate misclassification of shipments to avoid steep duties, FDA oversight, and a 170% tariff targeting Chinese vapes.
Critics argue that weak enforcement has enabled the influx of these unregulated products. Evan Swarztrauber, a senior fellow with the Foundation for American Innovation, criticized the current system, claiming that lax customs measures have allowed unsafe and unauthorized e-cigarettes to reach American consumers—particularly minors—without proper scrutiny. He emphasized the need for stronger enforcement to stop these practices and safeguard public health.
Some Chinese shipping companies have openly acknowledged the issue. For instance, at a major industry event, a shipping firm named Hosto boasted about its low inspection rates when delivering vapes to the U.S. market. Its CEO noted that increasing inspections are making it harder for freight carriers to operate as freely as before. Similarly, another freight forwarder, Tiptop International, reassured vape manufacturers online that its shipments often evade inspection and even offered compensation for seized goods.
There have been numerous attempts to smuggle vape products into the U.S. through deceptive labeling. Customs officials have intercepted shipments falsely declared as items like toys, flashlights, and battery chargers. In one case in late 2023, Customs and Border Protection seized $18 million worth of mislabeled vape products, including some linked to the popular Elf Bar brand. These deceptive practices are increasingly under scrutiny by U.S. authorities.
In response to the growing problem, Attorneys General from 27 states urged the federal government to act more aggressively. They described the illegal entry of flavored, unregulated Chinese e-cigarettes—often targeted at young people—as a serious threat. Their letter to the Trump administration called for stepped-up enforcement, criminal prosecution of violators, and stronger penalties. These actions, they argue, are essential to disrupt the illegal supply chain and reduce the appeal of skirting U.S. law.
