Former North Carolina Republican Senator Richard Burr discussed on Daily Caller Live Wednesday the challenges posed by bureaucratic inefficiencies in addressing the illegal nicotine crisis in the U.S.
In his conversation with Daily Caller Editor-in-Chief Amber Duke, Burr highlighted how cross-border trade has evolved significantly compared to decades ago. He took issue with the FDA’s handling of new products and expressed concerns about unelected officials hindering the availability of legal nicotine e-cigarettes in American stores. Burr urged lawmakers to revise the regulatory framework and enhance oversight of bureaucratic actions. He serves as president of the Regulate Smarter Coalition, a sponsor of “Daily Caller Live: Crackdown on Illegal Nicotine.”
“This will be very challenging without a solid policy in place, and without enforcement, we’re really not making progress,” Burr noted. “But, if consumers are well-informed, they generally make better choices.”
Burr addressed the government’s crackdown on flavored nicotine products when Duke brought it up, noting that future elections could shift the landscape before mentioning the actions of bureaucrats.
“There’s a significant difference between elected officials and regulators,” he explained. “Some regulators tend to manipulate the market, which ignores the realities of that same market.” He warned that this could lead to dire consequences while also empowering drug cartels and similar groups.
“If it’s not this product causing issues, it will shift to another, and then another,” Burr continued. “We’ve already seen this with vaping. The data is there, yet we’re not addressing nicotine pouches, which are currently the fastest-growing segment of nicotine usage.”
He expressed frustrations about the FDA’s 180-day product review timeline, emphasizing that the standards should remain consistent irrespective of the manufacturer. He pointed out that the FDA hasn’t adhered to this timeline, leading to only two brands with limited flavor options and nicotine levels available.
As of early 2026, the FDA had approved brands like gin and Above! plus for nicotine pouch products.
“You can’t expect people to simply abandon flammable products like cigarettes,” Burr said, indicating a failure of policymakers to acknowledge consumer choices.
When Duke pushed Burr on a “libertarian” perspective regarding legalization, he redirected the conversation, referencing his experiences on the Senate Intelligence Committee. He remarked on the need for public awareness, conveying that illegal nicotine poses a distinct threat—comparable to an epidemic if it were classified as an illegal substance.
“When Congress enacted the Tobacco Control Act over 15 years ago, the expectation was that it would foster investment in new technological solutions and develop pathways for product approvals. It fell short—not due to a lack of scientific data but because it chose to act arbitrarily,” he commented. “We’ve seen instances where the FDA reviewed a previously rejected product and later approved it, while similar products received no action at all.” Burr criticized this inconsistency, suggesting it restricts market options.
Burr commended the Trump administration’s approach to fentanyl and expressed optimism about the White House’s intention to encourage consumers toward less harmful choices. He voiced a desire for a reform in how bureaucracy operates in the future, advocating for ongoing oversight from current officials. He also mentioned being “pleasantly surprised” by comments from HHS Secretary Robert F. Kennedy Jr.
The issue of illegal e-cigarettes persists. The CDC estimates that by June 2024, over 6,000 products will be available for purchase nationwide according to a March 2026 report from the U.S. Government Accountability Office. In September 2025, the FDA and U.S. Customs and Border Protection reported the seizure of about 4.7 million unapproved e-cigarette products, valued at around $86.5 million.
