As the Attorney General of Montana, it is my duty to protect the safety of all Montanans, and protecting our kids is my top priority.
Among the biggest threats to our kids today is China. From fentanyl, to TikTok to illicit vapor products, make no mistake China is targeting our kids.
China is the primary source of precursor chemicals used to manufacture fentanyl, a deadly synthetic opioid that has had devasting effects on our communities. China has allowed the cartels to export these dangerous chemicals so that they can produce and distribute these drugs in the US. Working with our legislators, we’ve increased the penalties fentanyl dealers in Montana but our law enforcement officers continue to seize records amounts of these dangerous drugs.
In 2023, Montana led the nation and became the first state to ban the Chinese app, TikTok. Apps like TikTok collect vast amounts of user data. Chinese law mandates that companies must cooperate with the government upon request. This means the personal information of our children, such as their browsing habits, preferences, and even biometric data, could be accessed and exploited by the Chinese Communist Party. Moreover, the platform’s algorithm has been shown to promote harmful content to children.
Thanks, in part, to our work in Montana Congress banned TikTok in 2024 and recently the U.S. Supreme Court upheld the ban.
Another Chinese threat is emerging that Montana can be leader on. For several years, Chinese tobacco companies that are part of China’s centrally-controlled tobacco monopoly began flooding the U.S. market with thousands of unregulated and flagrantly illegal vapor products worth an estimated $5 Billion per year in U.S. sales alone. These illicit, Chinese vapor products are specifically designed to appeal to and target kids and are the most widely used tobacco product among youth, who are particularly vulnerable to the effects of nicotine and other chemicals found in vapor products.
Despite containing dangerously high amounts of nicotine, illicit Chinese vapes come in a myriad of kid-friendly flavors, playful shapes, and bright colors. Some even include video games that encourage young consumers to earn virtual coins by vaping.
Illicit Chinese vapes shipped to the U.S. must go through a Port of Entry. But once cleared through a Port of Entry, the products largely move freely, being shipped through wholesalers and third-party logistics facilities, directly to retailers, and direct to consumers. Illicit Chinese vapes are purposely misdeclared as battery chargers, flashlights and even toys to avoid tariffs and inspection by U.S. Customs and Border Protection.
While the federal government is taking some action, that is mainly being done on our borders, illicit Chinese vapes continue to get into our country and into Montana. We also need to act at the state level to ensure these dangerous products do not reach our kids.
An effective solution to tackle this problem is to enact and enforce a vapor directory. A directory would serve as a comprehensive database of all FDA-compliant, regulated vapor products legal for sale in Montana. By enforcing against that list, we can ensure that only legal and regulated vapor products find their way onto retail shelves. Â Retailers and consumers alike would benefit from the assurance that the items they purchase are regulated, legal, and meet rigorous standards.
Once again, Montana can be a leader on an important issue affecting our kids. A directory will allow the state to take back control of a vapor market which is currently in complete chaos. This policy benefits responsible businesses, protects kids and adult consumers, and stops the flow of profits going to these Chinese companies.
By: Attorney General Austin Knudsen
