PRESS RELEASE: Regulate Smarter Praises Funding to Combat Illicit Nicotine Crisis Within Bipartisan Continuing Resolution

The bipartisan government funding legislation includes $200 million of dedicated tobacco user fees for enforcement activities related to illicit e-cigarettes, vapes, and other electronic nicotine delivery systems alongside authorities to destroy illegal products

WASHINGTON, D.C. – Today, former U.S. Senator Richard Burr (R-NC), chairman of the Coalition for Smarter Regulation of Nicotine (Regulate Smarter), praised the funding to combat the illicit nicotine crisis and new destruction authorities enabling officials to destroy illicit nicotine products at the border included within the bipartisan continuing resolution that reopened the federal government:

“It is encouraging to see lawmakers from both parties not only recognize the importance of getting tough on the illicit nicotine market, but also dedicate resources to address it,” said Burr, a former Ranking Member of the U.S. Senate Committee on Health, Education, Labor and Pensions. “While the funding and destruction authorities within the CR represent progress toward truly cracking down on the illicit vape crisis, the market demands the FDA become an effective, science-driven regulator. A comprehensive approach requires not only increased enforcement against illicit products, but also additional authorizations of smoke-free products from American manufacturers playing by the rules. We stand ready to work alongside Dr. Makary and members of Congress from both parties to harness the potential of reduced harm, smoke-free products and provide adult consumers with more choices.”

The funding dedicated toward the nicotine crisis within the CR includes:

• $688 million directed for the Center for Tobacco Products (CTP) and related field activities, “including inspections, investigations and import operations, conducted by the Center, the Office of Inspections and Investigations, or the Office of Chief Scientist.”

• Not less than $200 million of tobacco user fees are directed to be used “for enforcement activities related to e-cigarettes, vapes, and other electronic nicotine delivery systems,…including activities under section 801(a) of the [FDCA],” provided that not less than $2 million shall be used to continue the interagency task force to “bring all available criminal and civil tools to bear against the illegal manufacture, importation, distribution, and sale of e-cigarettes, vapes, and other ENDS products from the Republic of China and other foreign countries.”

• Not later than 1 year after enactment, Food and Drug Administration (FDA) shall update the ENDS Enforcement Priorities guidance to expand prioritized enforcement to flavored disposable ENDS in addition to cartridge-based products and to define the term “disposable ENDS product.”

• FDA shall submit a semi-annual report to both Appropriations committees on the progress that CTP is making in removing all illegal ENDS products from the market. The first such report is due within 180 days of enactment.

• Adds “tobacco products” to the Secretary’s 801(a) authorities (currently limited to drugs and devices”) to destroy, without opportunity for export, products refused admission under a certain monetary threshold.

• Within 180 days, FDA shall submit a report to both Appropriations committees detailing the agency’s activities to educate retailers in determining which products are legal for sale.

Today, 85% of vapor products are unauthorized, most imported illegally from China.

In a letter sent to FDA Commissioner Makary in August 2025, Regulate Smarter outlined five concrete and 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.

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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 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 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/