PRESS RELEASE: As Illicit Nicotine Market Fuels National Security Concerns, Regulate Smarter Urges Continued Enforcement & Increased FDA Authorizations

Coalition sounds the alarm on bad actors filling the market with illicit alternatives, jeopardizing national security and threatening public safety

WASHINGTON, D.C. – Today, former U.S. Senator Richard Burr (R-NC), chairman of the Coalition for Smarter Regulation of Nicotine (Regulate Smarter), issued the following statement highlighting the continued need for action from the U.S. Food and Drug Administration (FDA) in response to recent reports linking the illicit nicotine product market to national security and public safety threats:

“At home and abroad, the downstream consequences of a misguided regulatory approach toward nicotine are playing out in real time and demonstrate the far-reaching impacts that jeopardize public safety and foster criminal activity. Unlike other illegal products that operate in the shadows, the illicit nicotine product market in the United States is operating in plain sight. We encourage FDA to continue their enforcement efforts and act with urgency to deliver product decisions on applications awaiting review so adult consumers have more legal options and retailers get the clarity they need.”

Recent news headlines have featured alarming reports highlighting the national security and public health threat implications resulting from the illicit nicotine market crisis, including:

·      Fox News reporting on a letter issued by a coalition of U.S. Senate Republicans warning U.S. Treasury Secretary Scott Bessent and U.S. Trade Representative about Chinese vaping products and the, “interconnected relationship between Chinese industry and state intelligence services … the targeting of U.S. military personnel with these devices raises profound national security concerns.”

·      A report from the Associated Press documenting a major uptick in organized crime in Mexico as cartels seize control of the country’s $1.5 billion dollar vaping market following the total ban on the manufacture and distribution taking effect last month.

·      In a column for New Hampshire Journal, Peter Bouchard, a retired law enforcement official from Nashua, warned that, “unclear federal guidance and regulations have led to the proliferation of smoke shops across New Hampshire. Often, these smoke shops are connected to full-blown criminal enterprises, linked to Chinese manufacturers and to cartel-linked distributors. Vapes get trafficked through the same networks used for drugs, guns, and human trafficking.”

Since its inception in 2025, Regulate Smarter has been advocating for common-sense reforms to address the flood of illegal and unregulated tobacco and nicotine products into the U.S., effectively enforce the Tobacco Control Act (TCA) and restore order to the marketplace, emphasizing the need for both enforcement and authorization as part of a comprehensive approach.

Regulate Smarter’s web site is available here https://www.regulate-smarter.org/

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The Coalition for Smarter Regulation of Nicotine (Regulate Smarter) is comprised of members representing manufacturers, distributors, and retailers committed to operating responsibly within the U.S. Food and Drug Administration (FDA)-regulated marketplace. Regulate Smarter supports an FDA regulatory system that delivers on the original harm reduction vision of the Tobacco Control Act. Chaired by former U.S. Senator Richard Burr (R-NC), the Regulate Smarter Coalition is committed to advancing a modern, common-sense approach to regulating tobacco and nicotine that is grounded in science. To learn more, visit: https://www.regulate-smarter.org/