Energy Marketers of America Backs White House Crackdown on Illicit Vape Shops, Urges Cleanup of ‘Gray Area’ Market

Key Takeaways

• The Energy Marketers of America (EMA) has publicly endorsed the White House’s crackdown on illicit vape shops, saying it will help improve retail market order and protect public health.
• Since 2020, prolonged delays in regulatory approvals have pushed many e-cigarette products into a legal “gray area,” creating room for illicit products to circulate.
• In the latest enforcement action, U.S. Customs and Border Protection (CBP) seized millions of illegal e-cigarettes worth about $86.5 million, with EMA noting that most originated from China and were often sold without proper age verification or safety compliance.
• EMA stressed that illegal competition has caused real harm to compliant convenience retailers, calling for stronger and more localized enforcement to restore a fair operating environment for legitimate businesses.

2Firsts, December 4, 2025 — According to a report by CStore Decisions, the Energy Marketers of America (EMA) has issued a statement supporting the White House’s crackdown on illicit vape shops, arguing that the move will help stabilize the retail market and safeguard public health.

As an organization representing thousands of gas station and convenience-store operators across the United States, EMA welcomed the federal government’s latest enforcement campaign targeting illegal e-cigarette products in a public letter to the White House. The association noted that, since 2020, prolonged delays in the premarket authorization process have left many e-cigarette products in a regulatory “gray area”—neither formally approved for sale nor explicitly banned—providing an opening for illicit products to proliferate.

According to data from EMA and federal agencies, the latest operation saw U.S. Customs and Border Protection (CBP) seize millions of illegal e-cigarettes valued at roughly $86.5 million. EMA said most of these products “originate almost entirely from China” and are often sold without proper age checks or compliance with safety requirements.

EMA President Rob Underwood stated that the enforcement effort is not only about restoring “market integrity,” but also about “protecting American families—especially youth—from untested products.” EMA called on the federal government to allocate a portion of enforcement funding directly to state and local authorities to ensure sustained investigation and seizure efforts.

EMA further emphasized that illegal competition has caused tangible losses for compliant convenience stores. Strong, sustained enforcement, the group said, is essential to restoring a level playing field for legitimate retailers and small community shops.

Cover photo source: CStore Decisions