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119-hr-8687119th CongressWALLET

ENDS Chinese Vapes Act of 2026

Sponsored By: Representative Hinson, Ashley [R-IA-2]

Introduced

Summary

Escalating civil penalties for unauthorized electronic nicotine delivery systems (ENDS). This bill would add a new section to the Tariff Act to create tiered, per-unit civil penalties for fraudulent, grossly negligent, or negligent importation of unauthorized ENDS. Penalties can be increased for transshipment, concealment, or repeat violations and may be capped at 1,000 percent of a shipment's estimated U.S. retail value.

Show full summary
  • Importers and distributors would face per-unit fines for unauthorized devices, cartridges, or pods and could hit a maximum penalty equal to 1,000 percent of a shipment's estimated U.S. retail value.
  • Schemes that transship through third countries or conceal product origin would trigger amplified penalties. Repeat violations within a 3-year window can lead to higher penalties.
  • Customs and Border Protection would assess, mitigate, collect, and review penalties under existing Sec. 592 procedures while preserving other remedies available to the Food and Drug Administration and Department of Justice. The bill defines "unauthorized ENDS" as products not authorized under FDA Act section 910 and defines "unit" to include devices, cartridges, and pods.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Higher fines for vape importers

If enacted, the bill would ban entering or attempting to enter unauthorized vaping products into U.S. territory after enactment. It would define "unauthorized" ENDS and what counts as a single "unit," and it would let Customs set estimated U.S. retail value and rules for related persons by regulation. It would create per-unit civil fines: up to $5,000 for fraud, $1,000 for gross negligence, and $500 for negligence. Fines could be multiplied for transshipment or falsified origin, and for repeat violations within three years, up to five times. Total fines per shipment could not exceed 1,000% of the shipment's estimated U.S. retail value. The bill would preserve the ability of CBP, FDA, DOJ, and other agencies to pursue separate civil, criminal, or administrative remedies.

Sponsors & CoSponsors

Sponsor

Hinson, Ashley [R-IA-2]

IA • R

Cosponsors

  • Rep. James, John [R-MI-10]

    MI • R

    Sponsored 6/8/2026

Roll Call Votes

No roll call votes available for this bill.

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