U.S. Lawmakers Seek to Empower HHS to Destroy Counterfeit Chinese Tobacco Products

Key Points

• Three members of Congress jointly introduced the Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act, aiming to crack down on the importation of illicit and counterfeit tobacco products.
• The bill would amend Section 381(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), granting the HHS Secretary explicit authority to destroy adulterated, misbranded, or counterfeit imported tobacco products
• The new rule is intended to close regulatory loopholes, prevent illegal e-cigarettes and tobacco products from entering the U.S. market, and strengthen federal agencies’ powers to act at the import stage.
• The legislation has received backing from 7-Eleven, Altria, the Campaign for Tobacco-Free Kids (CTFK), the American Heart Association, the American Lung Association, the National Association of Convenience Stores (NACS), NATSO (Representing America’s Travel Centers and Truck Stops), and SIGMA (America’s Leading Fuel Marketers).

2Firsts,November 11, 2025 — According to the U.S. House of Representatives, multiple lawmakers have introduced the Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act to strengthen enforcement tools, block the import of illicit tobacco products, and protect American consumers from unsafe and counterfeit goods.

The sponsors include Congresswoman Beth Van Duyne (R-TX-24), Senator John Cornyn (R-TX), and Congresswoman Debbie Dingell (D-MI-6).

The legislation seeks to amend Section 381(a) of the Federal Food, Drug, and Cosmetic Act, explicitly authorizing the Secretary of Health and Human Services to destroy imported tobacco products determined to be adulterated, misbranded, or counterfeit.

This amendment would formally place tobacco products under the same regulatory framework as counterfeit drugs and medical devices, ensuring that such products can be directly disposed of when intercepted by federal authorities.

The bill has already gained broad institutional support from 7-Eleven, Altria, Campaign for Tobacco-Free Kids, the American Heart Association, the American Lung Association, NACS, NATSO, and SIGMA.

Congresswoman Van Duyne stated:

“We have seen too many illegal vapes slipping through the enforcement cracks, posing health and safety risks to Americans”

Source: Image: House.gov