An influx of illegal vapes that are appealing to children and teens has been making its way into the U.S. from China, FDA Commissioner Dr. Marty Makary warned in an interview Tuesday with ABC News.
“[What] we have been doing is laughable,” Makary told ABC News’ Linsey Davis.
Makary said that cracking down on illegal e-cigarettes would be a “top priority” for the agency moving forward.
MORE: Inside the crackdown on a flashy new generation of illicit vapes popular with US teens
“We’re going to start confiscating and seizing. We’re going to take this seriously,” Makary said.
A new generation of products, designed to help teens vape discreetly while attempting to evade parents and teachers, include vaping mechanisms concealed as backpacks, smartphone cases, highlighters and handheld video game consoles, law enforcement officials have told ABC News.
“There is no approved vaping product in the United States that has a video game,” Makary said while holding an illicit vape. “There is not an approved vaping product in the United States that has one of these cutie fruity flavors.”
Last month, U.S Customs and Border Protection seized roughly 2 million of the illegal products, with an estimated worth of nearly $34 million.
STOCK PHOTO/Getty Images – PHOTO: A teenager vapes in an undated stock photo.
“This is just a small fraction of the seizures we have here,” CBP official Eric Everson told Davis as they recently toured a facility of seized e-cigarettes.
In just the first six months of 2025, CBP seizures had a domestic value of $60.3 million.
“We’re concerned about these vape shops that are popping up on every corner in America,” Makary said. “Parents are not aware of what’s being sold there.”
Only 39 e-cigarette products have been authorized by the FDA to be legally marketed in the U.S. — all with menthol or tobacco flavorings.
Makary told ABC News the FDA recently sent a total of 800 letters to retailers and distributors of vapes, warning them about selling unauthorized products.
“Eighty-five percent of the vaping products sold in the vape stores are illegal according to the FDA’s list,” said Makary.
“We don’t even know what’s in some of these [illegal] vaping products,” he said.
