In September 2025, HHS and CBP announced what was then the largest seizure of illegal e-cigarettes in U.S. history: 4.7 million units worth an estimated $86.5 million, intercepted in a joint operation in Chicago. At that point, customs officials could only refuse entry to unauthorized shipments — manufacturers could redirect them to other markets.

That changed with the FY 2026 Agriculture Appropriations bill, which granted federal authorities a new power: seize and destroy. Products arriving at U.S. ports without FDA premarket authorization are now destroyed on arrival, with no court hearing and no appeals process at the border. This is the single most important federal enforcement development of 2026 for the vape industry.

For context on which products the FDA has actually authorized, see our complete FDA-authorized vape product list covering all 45 legal products.