Sen. Martin Heinrich (D-New Mexico), a member of the Senate Appropriations Committee, announced Monday that the Ensuring the Necessary Destruction (END) of Illicit Chinese Tobacco Act has passed the Senate and was signed into law.
This new legislation gives the Food and Drug Administration authority to destroy adulterated, misbranded or counterfeit tobacco products, including unauthorized e-cigarettes imported from China, Heinrich’s office said in a statement. The measure passed as part of the fiscal 2026 agriculture appropriations bill, which the Senate included in its package to fund and reopen the federal government.
“For too long, illicit e-cigarettes produced in the People’s Republic of China have been pouring into our country and threatening public health,” Heinrich said. “That’s why, as a member of the Senate Appropriations Committee, I worked hard to give the federal government clear authority to destroy these unauthorized e-cigarette products at the border, before they make it into our communities.”
Heinrich added that “by closing this loophole, we are protecting our nation’s public health—because every shipment of illegal vapes that slips through our ports is another risk to our kids, our communities, and our national security.”
Sen. John Cornyn (R-Texas) is a cosponsor of the legislation in the Senate and Rep. Beth Van Duyne (R-Texas) is leading companion legislation in the House.
“China is raking in the dough at the expense of American teens and young adults by lining U.S. shelves with illegal vapes and e-cigarettes,” Cornyn said.
The legislation is endorsed by several associations, including the Campaign for Tobacco-Free Kids, Washington, D.C.; the National Association of Convenience Stores (NACS), Alexandria, Virginia; and the National Association of Truck Stop Operators (NATSO).
To date the FDA has authorized 39 e-cigarette products. These are the only e-cigarette products that currently may be legally marketed and sold in the United States.
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