U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared, and smuggled vape and tobacco products entering U.S. commerce. The agency brings its authority under the Prevent All Cigarette Trafficking Act (PACT Act) — covering registration, reporting, shipping, recordkeeping, and record-inspection requirements for interstate sales of electronic nicotine delivery systems (ENDS) — into the task force's enforcement framework. The Trade Fraud Task Force was launched in August 2025 by the Department of Justice and Homeland Security Investigations to dismantle schemes involving false customs declarations, mislabeled shipments, and other practices used to evade U.S. import requirements; it has surpassed $1 billion in civil and criminal recoveries, penalties, forfeitures, and publicly charged losses in less than a year. ATF Director Rob Cekada specifically referenced "illicit Chinese vapes," though the announcement did not identify specific brands, companies, or new enforcement cases. The move comes as U.S. Customs and Border Protection (CBP) separately considers collecting more foreign export and supply-chain documentation to improve visibility into U.S. import supply chains; the proposal remains under consultation and has not been adopted as a final rule. China Customs data shows the U.S. imported approximately $1.98 billion in vape and related products from China during the first seven months of 2026, up 8.4% year over year. ATF and the FDA maintain separate regulatory roles: ATF enforces PACT Act compliance while the FDA oversees market authorization for tobacco products.

(Source：2Firsts)