West Virginia leads the nation in teen vaping as illegal e-cigarettes flood market

CHARLESTON, W.Va. — West Virginia now holds a distinction that public health officials, educators, and parents say should alarm every corner of the state: it has the highest rate of teen vaping in the United States.

According to data cited by LS2 Group spokesman Patrick McCarthy, more than 35.7% of West Virginia high school students report currently using electronic vaping products—the highest percentage in the nation and more than double the national average of 14.1%.

Even more troubling, McCarthy says, 17% of West Virginia middle school students report vaping, a rate more than five times the national average.

The figures place West Virginia at the epicenter of a growing public health crisis fueled by illegal, unregulated vaping products—many of them manufactured in China and marketed with flavors and designs that appeal directly to children.

“These numbers are not just statistics,” McCarthy said. “They represent a generation of young people being exposed to addictive products that were never authorized, tested, or intended for them.”

A Pipeline to Addiction

Nationally, vaping has replaced traditional cigarettes as the most common first exposure to nicotine. A 2021 study found that 77% of teens who use tobacco products say their first tobacco-related product was an e-cigarette, up sharply from just 27% in 2014.

Health experts warn that early nicotine exposure can alter brain development, affecting attention, learning, mood regulation, and impulse control. While vaping is often promoted as less harmful than combustible cigarettes for adults trying to quit smoking, scientists agree it is not safe, particularly for adolescents.

Studies have linked teen vaping to higher rates of respiratory illness, including pneumonia, poorer academic performance, and increased likelihood of transitioning to traditional cigarettes later in life.

The risks became impossible to ignore during the outbreak of EVALI—e-cigarette or vaping use-associated lung injury—which hospitalized thousands of Americans and claimed dozens of lives nationwide.

Why West Virginia?

West Virginia’s rates exceed those of every other state. North Carolina (35.5%), New Mexico (34%), New Hampshire (33.8%), and North Dakota (33.1%) round out the top five for high school vaping, but none surpass West Virginia.

Public health advocates say the problem is compounded by rural geography, economic distress, and limited enforcement capacity. Vape shops and convenience stores have proliferated in small towns, often operating in regulatory gray areas.

At the same time, illegal disposable vapes have flooded the market, undercutting legal products and overwhelming state regulators.

Inside the Illegal Vape Supply Chain

A Reuters investigation published this year shed new light on how unauthorized vapes enter the United States—and why enforcement has struggled to keep pace.

From an office just 15 minutes from Chicago’s O’Hare International Airport, a small customs brokerage firm helped import millions of Chinese-made vapes, many of them illegal, in just a few years. According to Reuters’ analysis of FDA data, the firm handled roughly 60% of all vape shipments from China registered with the FDA in 2024.

While the firm’s owner claimed many of the products were authorized, FDA records show shipments included brands such as Lost Mary, Geek Bar, and Elf Bar, which the administration has explicitly declared illegal to import or sell in the U.S. due to their appeal to children.

China exported more than $3.6 billion worth of vapes to the U.S. in 2024, according to Chinese customs data. Yet U.S. customs records show only $333 million officially entered the country—a discrepancy of nearly 90%, which customs experts described as highly unusual.

Administration officials say unauthorized vapes are often disguised as shoes, toys, or electronics to evade detection.

Candy Flavors, Video Games, and Concealment

The most popular illegal vape brand in the U.S., Elf Bar, offers flavors such as “Rainbow Cloudz” and “Watermelon Ice.” Ironically, those same flavored products are banned inside China, where they are manufactured.

Manufacturers have gone further by designing vapes that resemble toys, USB drives, markers, and school supplies, making them easier to conceal from parents and teachers.

Some newer devices now feature interactive digital screens and built-in video games, including versions of Tetris and Pac-Man, a development that alarms child safety advocates.

“These products are engineered to hook kids,” said Richard Marianos, a former assistant director of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. “They are addictive, unregulated, and designed to evade both parents and regulators.”

Marianos said illegal Chinese-made vapes now account for more than half of the U.S. e-cigarette market, despite federal laws giving the FDA authority to block them.

Federal Response Under Scrutiny

Critics across party lines say the federal response has been inadequate.

“The FDA is asleep at the switch,” said Illinois Congressman Raja Krishnamoorthi, who has blamed the agency for allowing illegal products to flood the market.

The administration has authorized just 34 vape products nationwide, none of them with fruity or candy flavors. Yet industry executives estimate that unauthorized devices account for 70% of all U.S. vape sales, valued at more than $8 billion annually.

In May, the administration and U.S. Customs and Border Protection announced a $34 million seizure of illegal vapes in Chicago, part of a broader enforcement effort that has resulted in more than 7.1 million seized devices over the past two years.

Trump administration officials have promised a crackdown. FDA Commissioner Marty Makary said the agency will use artificial intelligence to detect illegal imports, while Health and Human Services Secretary Robert F. Kennedy Jr. pledged to “wipe out” fruity vapes that appeal to children.

States Step In Where Washington Hasn’t

With federal enforcement lagging, states are increasingly taking action on their own.

One policy gaining momentum is the creation of statewide vape product directories listing only FDA-authorized products that can be legally sold. States including Oklahoma, Louisiana, Alabama, and Wisconsin have already implemented such directories, with nearly two dozen others considering similar legislation.

Supporters say directories help retailers comply with the law and give law enforcement a clear tool to target illegal sales.

“With new products constantly emerging and manufacturers renaming devices to dodge scrutiny, it’s unrealistic to expect shop owners to keep up on their own,” McCarthy said. “Directories provide clarity without banning legal products for adults.”

Utah offers a striking comparison. The state has the lowest teen vaping rate in the nation—just 9.7%—and spends less than half as much on smoking-related health care costs as Oklahoma, a difference public health officials attribute to strong prevention and enforcement programs.

A Growing Concern in West Virginia

For West Virginia, where public health systems already face strain from high rates of chronic disease and substance abuse, the stakes are particularly high.

More than two million teenagers nationwide report using e-cigarettes, and West Virginia’s youth are disproportionately represented in that number.

Advocates say without stronger state-level action, illegal vapes will continue to target the most vulnerable communities—often in plain sight.

“This is not about punishing adult smokers,” Marianos said. “It’s about stopping foreign corporations and shadow distributors from addicting our children to products that shouldn’t be here in the first place.”

As lawmakers debate next steps, West Virginia’s troubling statistics underscore an urgent reality: West Virginia is not just part of the national vaping crisis—it is at its center.

How are West Virginia lawmakers responding?

West Virginia lawmakers are responding this session to the state’s escalating teen vaping crisis, though some bills are still in early stages and none have become law yet. Lawmakers in Charleston have introduced multiple measures aimed at restricting youth access to vaping products and tightening regulation:

• House Bill 4567, introduced on Jan. 20, would prohibit the sale of vapes to minors and require stricter age-verification procedures (such as ID scans in person and online) to keep nicotine products out of the hands of underage users. The bill has been referred to the House Judiciary Committee for consideration.
• Senate Bill 209 would create a new regulatory framework for vape retailers, requiring licenses and background checks for businesses that sell vaping devices and placing oversight under the state’s Alcohol Beverage Control Administration.
• Senate Bill 235 proposes specific location and operating rules for smoke shops and vape shops, including advertising standards that avoid appealing to minors and inspection protocols.
• House Bill 4482 would raise and restructure excise taxes on e-cigarettes and related products, increasing penalties for violations—a move supporters argue could reduce youth use by making products more costly.

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