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ENDS Chinese Vapes Act of 2026
To amend the Tariff Act of 1930 to provide for escalating civil penalties for fraudulent or negligent importation of unauthorized electronic nicotine delivery systems.
Summary
The bill creates civil penalties for importing unauthorized electronic nicotine delivery systems (vapes) into the United States. Penalties range from $500 to $5,000 per unit depending on whether the violation involves negligence, gross negligence, or fraud. The bill provides for enhanced penalties of up to 2x the base penalty if imports are transshipped through a third country to evade duties or if the country of origin is falsified, and up to 3x for repeat violations within a three-year period. The penalties for each shipment cannot exceed 1,000 percent of the estimated retail value of the vapes. An "unauthorized electronic nicotine delivery system" is defined as a vape not authorized under the Food and Drug Administration's regulations for sale in the United States.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Cotton, Tom [R-AR] (R-AR)
Money behind the sponsor
Top reported contributors to Tom Cotton’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- NULL $80,461
- APOLLO MANAGEMENT $25,600
- APOLLO GLOBAL MANAGEMENT $19,800
- BRODIE GENERATIONAL CAPITAL PARTNERS $13,200
- APOLLO $11,600
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Tom Cotton → · Outside spending →
Actions (2)
- Apr 15, 2026 Read twice and referred to the Committee on Finance. · senate
- Apr 15, 2026 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE SENATE OF THE UNITED STATES
April 15 (legislative day, April 14), 2026
Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Tariff Act of 1930 to provide for escalating civil penalties for fraudulent or negligent importation of unauthorized electronic nicotine delivery systems.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Eliminating Nefarious Distribution of Smuggled Chinese Vapes Act of 2026” or the “ENDS Chinese Vapes Act of 2026”.
SEC. 2. INCREASED CIVIL PENALTIES FOR FRAUDULENT, GROSSLY NEGLIGENT, OR NEGLIGENT ENTRY OF UNAUTHORIZED ELECTRONIC NICOTINE DELIVERY SYSTEMS.
(a) In General.—The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by inserting after section 592A the following:
“SEC. 592B. CIVIL PENALTIES FOR FRAUDULENT, GROSSLY NEGLIGENT, OR NEGLIGENT ENTRY OF UNAUTHORIZED ELECTRONIC NICOTINE DELIVERY SYSTEMS.
“(a) In General.—It shall be unlawful for any person to enter, introduce, or attempt to enter or introduce an unauthorized electronic nicotine delivery system into the customs territory of the United States.
“(b) Penalties.—
“(1) In general.—A person who violates subsection (a), whether through fraud, gross negligence, or negligence, shall be subject (subject to paragraph (2)) to the following penalties:
“(A) For a violation involving fraud, not to exceed $5,000 per unit of unauthorized electronic nicotine delivery system.
“(B) For a violation involving gross negligence, not to exceed $1,000 per unit of unauthorized electronic nicotine delivery system.
“(C) For a violation involving negligence, not to exceed $500 per unit of unauthorized electronic nicotine delivery system.
“(D) If the shipment containing the unauthorized electronic nicotine delivery system involved transshipment through a third country for purposes of evading applicable duties, falsifying or concealing the country of origin, or any other scheme designed to evade applicable customs laws, an amount not to exceed twice the amount of the penalty otherwise applicable to the violation.
“(E) If the violation is the second or subsequent violation of section (a) by the person during a 3-year period, an amount not to exceed 3 times the amount of the penalty otherwise applicable to the violation.
“(F) If a violation is described in both subparagraphs (D) and (E), an amount not to exceed 5 times the amount of the penalty otherwise applicable to the violation.
“(2) Maximum penalty.—The penalties imposed under paragraph (1) with respect to a shipment containing an unauthorized electronic nicotine delivery system may not exceed an amount that is 1,000 percent of the estimated retail value in the United States of the shipment.
“(3) Calculation of entries.—Each entry or attempted entry in violation of subsection (a) shall constitute a single violation, regardless of the number of units contained in the entry.
“(c) Procedures.—The procedures set forth in section 592 for the assessment, mitigation, collection, and judicial review of penalties shall apply to penalties imposed under this section, except as otherwise provided in this section.
“(d) Savings Clause.—Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection, the Food and Drug Administration, the Department of Justice, or any other Federal agency to pursue any civil, criminal, or administrative remedy otherwise available under law with respect to unauthorized electronic nicotine delivery systems.
“(e) Definitions.—In this section:
“(1) Estimated retail value.—The term ‘estimated retail value in the United States’, with respect to a shipment, means the aggregate price at which the unauthorized electronic nicotine delivery systems in the shipment would be sold to end consumers in the ordinary course of trade in the United States, as determined by the Commissioner of U.S. Customs and Border Protection by regulation.
“(2) Person.—
“(A) In general.—The term ‘person’ includes any individual, corporation, partnership, limited liability company, trust, or other entity.
“(B) Common ownership.—For purposes of subsection
(b)(1)(E), 2 or more persons shall be treated as a single person if those persons are under common ownership of 25 percent or more, share a majority of officers or directors, or are otherwise under common control, as determined by the Commissioner of U.S. Customs and Border Protection by regulation.
“(3) Unauthorized electronic nicotine delivery system.— The term ‘unauthorized electronic nicotine delivery system’ means an electronic nicotine delivery system that is not authorized under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j), or any other provision of that Act, for introduction or delivery for introduction into interstate commerce.
“(4) Unit.—The term ‘unit’ means each individual electronic nicotine delivery system device, cartridge, pod, or other discrete article intended for separate consumer use.”.
(b) Applicability.—Section 592B of the Tariff Act of 1930 applies to the entry or introduction of, or attempt to enter or introduce, an unauthorized electronic nicotine delivery system into the customs territory of the United States after the date of the enactment of this Act. <all>
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