Over the past few years, vaping has helped millions of adults transition away from smoking. However, recent government measures have sparked concerns that they are doing more harm than good by targeting legal products instead of focusing on the illegal vape market.
1. Why Is the Government Overregulating Legal Vapes?
Vaping has provided a healthier alternative to traditional smoking, helping many people quit. But recent actions by the government, like flavor bans and high taxes, are making it difficult for responsible, legal consumers to continue using these products. The issue isn’t with vaping itself; it’s the growing overreach of government regulations.
For example, many of the bans on flavored e-liquids have targeted products that are used by adults who are trying to quit smoking. These products have been shown to help people reduce their nicotine intake, yet they are being heavily restricted due to fears about their appeal to minors.
Eric Everson, a U.S. Customs and Border Protection official, pointed out that parents unknowingly buying vapes for their children could happen if products are disguised as everyday items. However, punishing responsible consumers for the mistakes of others seems counterproductive. When the government focuses on banning flavors that help adults, they are failing to address the core problem: illegal and unregulated vapes that get into the hands of teens.
2. Vape Ban?
One of the biggest concerns is how the government treats all vapes, legal or not, in the same way. They impose heavy restrictions on products that are legal and compliant, while the illegal market continues to thrive. These sweeping bans don’t solve the issue—they just push people toward unregulated products, which are even more dangerous.
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Brian King, former FDA official, explained that flavors might be appealing to kids, but what really matters is where and how these products are marketed. While many legal vaping products are regulated and used responsibly by adults, the government’s "one-size-fits-all" approach ignores the nuances between these two markets.
By over-regulating legal products, the government is missing an opportunity to differentiate between responsible adult vapers and illegal products that are intentionally marketed to minors. This doesn’t make sense, especially when the industry is already taking steps to protect the youth—such as implementing age verification and restricting sales to minors.
3. Why Aren’t They Focusing on the Illegal Market?
While the government continues to focus on legal vapes, the illegal market is booming, and it’s much harder to control. According to the ABC News investigation, U.S. Customs and Border Protection (CBP) seized over $60.3 million worth of illegal electronic nicotine delivery systems (ENDS) just in the first half of 2025. Despite this massive increase in seizures, Eric Everson admitted, "This is just a small fraction of the seizures we have here."
These illegal products are not regulated, often contain harmful chemicals, and are sold with little to no oversight. Louisiana’s Alcohol and Tobacco Control Office has been seizing vapes hidden in safes, vehicles, and even trap doors. The agency has even been forced to expand its storage facilities due to the overwhelming volume of illegal products being confiscated.
Instead of targeting legal businesses, the government needs to double down on enforcement against the illegal market—which poses the real threat to public health. These products often end up in the hands of teens, and many are sold with attractive flavors like "pineapple express" or "killer custard blueberry"—the exact products that are often banned for legal users.
4. What Needs to Change?
The government needs to shift its focus and target the illegal vaping market more aggressively. This is where the real problem lies. Sergeant Michael Thorp of the New York Sheriff's Office has stated that they find illegal vapes every day. These products are often found in smoke shops, convenience stores, and online retailers that don't follow the rules. These unregulated products endanger both youth and adults, yet the government continues to burden responsible businesses with restrictions.
The solution is simple: increase enforcement against illegal vapes and allow legal consumers to make informed choices about their health. Brian King emphasized, "We can’t rest on our laurels" in the fight against illegal vapes. The government should focus its efforts on tackling the unregulated market and let adults have the freedom to choose safer alternatives. This shift would better protect the health and safety of everyone.
5. Let’s Focus on What Really Matters
We all want to protect the youth from harmful products, and that’s a goal we fully support. But taking away the choices of adults who are using vaping to quit smoking is not the way to solve the problem. Eric Everson pointed out the reality that illegal products are often disguised as everyday objects, making it difficult for parents to know what they’re buying. Rather than punishing legal consumers, the government should work to stop these illegal imports and hold bad actors accountable.
The truth is that the illegal vaping market is far more dangerous than anything that’s legally regulated. So, instead of pushing policies that hurt legal consumers, let’s focus on tackling the real threat—illegal vapes that are flooding the market and putting everyone at risk.
Conclusion
It’s time for a policy that targets the illegal market, protects youth, and respects the rights of adults to make their own health choices. Let’s work together to protect the future of vaping in a fair and responsible way.
