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ENDS Chinese Vapes Act of 2026

Last action · April 15, 2026: Read twice and referred to the Committee on Finance.Sponsor: Tom Cotton

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

This bill proposes new, higher financial penalties for importing unauthorized s (vapes) into the United States. It specifically targets fraudulent or negligent attempts to bypass customs laws, including schemes that hide the country of origin.

Why it matters

If passed, importers of unauthorized vaping products will face per-unit fines of up to $5,000, with potential multipliers for repeat offenses or attempts to conceal the product's origin.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Vape importers and distributors

These entities face new, specific per-unit civil penalties for importing products not authorized by the FDA.

Directly affected

U.S. Customs and Border Protection

Key Facts

  • Establishes civil penalties for importing unauthorized electronic nicotine delivery systems (vapes) into the U.S.
  • Sets per-unit fines: $5,000 for fraud, $1,000 for gross negligence, and $500 for negligence.
  • Doubles penalties for shipments involving transshipment through third countries to evade duties or hide origin.
  • Triples penalties for repeat violations occurring within a 3-year period.
Show all 10 facts
  • Allows for a maximum penalty of 5 times the base amount if both transshipment and repeat-offense conditions are met.
  • Caps total penalties at 1,000 percent of the estimated U.S. retail value of the shipment.
  • Defines 'unauthorized' as any system not approved under the Federal Food, Drug, and Cosmetic Act.
  • Defines 'unit' as any individual device, cartridge, or pod intended for separate consumer use.
  • Applies to all entries or attempted entries occurring after the date of enactment.
  • Treats entities under 25% common ownership or shared leadership as a single person for repeat-offense calculations.

Frequently Asked Questions

What counts as an 'unauthorized' vape?
Any that has not received authorization from the FDA for introduction into interstate commerce.
How are repeat offenses calculated for companies?
Companies are considered the same 'person' if they share 25% or more common ownership or a majority of officers/directors.
Does this bill replace existing FDA or DOJ enforcement?
No, the bill includes a stating it does not limit the existing authority of the FDA, DOJ, or Customs to pursue other civil or criminal remedies.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

2 actions
  1. Apr 15, 2026SenateCommittee
    Read twice and referred to the Committee on Finance.
  2. Apr 15, 2026SenateIntroduced
    Introduced in Senate

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Aggressive Penalty Scaling

The bill uses a multiplicative penalty structure (up to 5x base) specifically designed to deter supply chain obfuscation tactics like transshipment.

Connected Entities

Tom Cotton, U.S. Customs and Border Protection, Department of Justice and 1 more
PersonTom Cotton“Senator who introduced the bill”Map →
OrganizationU.S. Customs and Border Protection“Responsible for determining retail value and enforcing penalties”Map →
OrganizationDepartment of Justice“Retains authority to pursue other legal remedies”Map →
OrganizationFood and Drug Administration“Authority over authorization of nicotine delivery systems”Map →

Sources

Open source document

www.congress.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy50
    Intensity of disagreement among stakeholders
  • Entertainment20
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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