The 70%/97% figures Schumer cited represent one of the most striking data points in the entire vaping regulation debate. Here's what those numbers mean in context:
| Market Segment | Unauthorized Share | Key Products | Enforcement Status |
|---|---|---|---|
| Disposable e-cigarettes | ~97% unauthorized HIGHEST | Elf Bar, Lost Mary, Geek Bar (unauthorized variants), Chinese white-label brands | Customs seizures increasing; Operation Red Mist active |
| Refillable systems | ~50-60% unauthorized | Pod systems from Chinese manufacturers without PMTA | Enforcement challenging; supply chain complex |
| E-liquids | ~40-50% unauthorized | Bottled e-liquid from non-PMTA manufacturers | State PMTA registries targeting this segment |
| Nicotine pouches | ~30% unauthorized | ZYN alternatives from non-PMTA brands | Increasing FDA attention; some MRTP authorizations |
| Overall market | ~70% unauthorized | All product categories combined | Schumer demanding comprehensive response |
For a complete breakdown of authorized vs. unauthorized brands and market share data, see our US vape market report.




