Senator Tom Cotton introduced a new bill on Thursday aimed at choking off the flow of illegal Chinese vaporizers into the United States.
The Arkansas Republican’s proposal, titled the Eliminating Nefarious Distribution of Smuggled Chinese Vapes (ENDS Chinese Vapes) Act of 2026, seeks to hit importers with aggressive financial penalties to keep unauthorized nicotine products away from American minors.
The legislation targets the specific supply chains that bring electronic nicotine delivery systems (ENDS) into the country without Food and Drug Administration authorization. Under the proposed law, importers would face a tiered fine system based on the level of intent or negligence involved in the shipment.
Fines start at $500 per individual vape unit for standard negligence and jump to $1,000 per unit for cases of gross negligence. If an importer is found to have committed fraud or intentionally mislabeled products, the penalty reaches $5,000 per unit.
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Cotton’s bill also includes measures to prevent companies from bypassing customs through third-party countries. Penalties would double for any shipments involving transshipment or false country-of-origin declarations.
For those caught breaking the law multiple times within a three-year window, the fines would triple. Total penalties for a single shipment are capped at 1,000 percent of the estimated U.S. retail value.
“Dangerous, illegal Chinese vapes threaten the health of our children. My bill would increase the penalty on companies that enable Communist China to sell these dangerous devices in American markets,” Cotton said in a statement accompanying the bill’s introduction.
The move follows a letter Cotton sent last year to FDA Commissioner Martin Makary, in which he expressed concern over the unchecked distribution of these illicit goods. By amending the Tariff Act of 1930, the ENDS Chinese Vapes Act gives U.S. Customs and Border Protection a direct financial hammer to use against distributors.
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The bill defines a “unit” as any individual device, cartridge, or pod, ensuring that bulk shipments of small components face the same per-item scrutiny as larger devices.
If passed, the new penalty structure would apply to all attempted entries of unauthorized vaping products immediately following the date of enactment.
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