Resources To Prevent Youth Vaping Act
Sponsored By: Senator Jeanne Shaheen
Introduced
Summary
This bill would create a new user-fee system for tobacco products that raises total annual fees and reshapes how fees are split among product classes, adds data reporting from manufacturers, and requires new FDA reporting on youth e-cigarette education.
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- Families and youth: Requires FDA to report how much it spends on public education about teen e-cigarette use and electronic nicotine delivery systems so Congress can assess whether outreach funding is adequate.
- Manufacturers and importers: Would raise total annual user fees to $712.0 million for FY2019–FY2026 and $826.2 million for FY2027, then tie future totals to the Consumer Price Index. It would also force detailed sales reporting and monthly data submissions starting in 2028 to determine fee shares.
- FDA and other agencies: Would give the Secretary authority to set allocation formulas by regulation, add a new prohibited act in fee law, and require a memorandum of understanding to obtain lists of fee-paying manufacturers from other federal agencies.
- Budget transparency: Adds new annual report items requiring a breakdown of expenditures on deemed tobacco versus certain combustible products and a fee breakdown for deemed-product manufacturers starting FY2029.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Higher tobacco user fees and allocations
This bill would raise the total annual FDA user fees for Chapter IX tobacco products. It would set fees at $712 million per year for FY2019–FY2026 and $826.2 million for FY2027. For FY2028 and later, the fee total would be the prior year amount adjusted by the Consumer Price Index. The bill would phase how those fees are split across product classes. Fees would be charged only to certain listed classes in FY2027 and FY2028. Beginning in FY2029 fees would be assessed for every class, using a formula the Secretary must write to allocate fees for classes not listed. The Secretary would also set each firm’s share within a class, and for unlisted classes that share would be based on prior-year gross domestic sales.
New FDA tobacco reporting and transparency
This bill would require manufacturers and importers to send the FDA regular data for fee allocation. Reports would be due by March 1, 2028 for calendar year 2027, by April 1, 2028 for Jan 1–Mar 31, 2028, and monthly after that. Required data would include the maker’s identity, product classes sold, full lists of finished products in unlisted classes, and gross U.S. sales by class. Failing to submit the data would be a prohibited act under the Food, Drug, and Cosmetic Act. The bill would also add items to the FDA’s annual user-fee report, including spending broken out by deemed versus combustible products and an explanation of youth e-cigarette education funding starting in FY2027, plus a fee-source breakdown by category starting in FY2029.
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Sponsors & CoSponsors
Sponsor
Jeanne Shaheen
NH • D
Cosponsors
Lisa Murkowski
AK • R
Sponsored 3/26/2026
Richard Durbin
IL • D
Sponsored 3/26/2026
Tammy Baldwin
WI • D
Sponsored 3/26/2026
Richard Blumenthal
CT • D
Sponsored 3/26/2026
Susan Collins
ME • R
Sponsored 4/13/2026
Roll Call Votes
No roll call votes available for this bill.
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