ENDS Chinese Vapes Act of 2026

Key Points

• This bill makes it illegal to import electronic nicotine delivery systems (vapes) that lack FDA authorization, and creates a new civil penalty structure to punish violators. Fines range from $500 per unit for negligence up to $5,000 per unit for fraud.
• Importers who try to hide where vapes came from by routing shipments through third countries face doubled fines. Repeat offenders within a three-year window face fines tripled from the base amount, and those who do both face fines up to five times the base penalty.
• The bill specifically targets unauthorized vaping products, meaning those not approved under the Federal Food, Drug, and Cosmetic Act. This covers individual devices, cartridges, pods, and any other article intended for separate consumer use.
• Total fines on any single shipment are capped at 1,000 percent of the estimated retail value in the United States, preventing penalties from becoming disproportionate to the value of the goods involved.
• The bill treats related companies as a single person for repeat-offense penalties. If two entities share 25% or more common ownership, a majority of officers or directors, or are under common control, a violation by one counts against both.