ENDS Chinese Vapes Act of 2026

Increased Deterrence for Illegal Imports: By establishing specific penalties for fraud, gross negligence, or negligence, the bill creates a financial consequence for entering unauthorized electronic nicotine delivery systems (Section 2(a) and 2(b)(1)).

Targeting Evasion Tactics: The bill increases penalties for those attempting to evade customs laws through transshipment through a third country or by falsifying the country of origin (Section 2(b)(1)(D)).

Prevention of Repeat Offenses: The act provides for higher penalties if a person commits a second or subsequent violation within a 3-year period (Section 2(b)(1)(E)).

Maintains Existing Agency Authority: The law ensures that other federal agencies, such as the FDA or Department of Justice, can still pursue any other civil, criminal, or administrative remedies available under the law (Section 2(d)).

High Financial Penalties for Negligence: Even in cases of simple negligence, a person can be charged up to $500 per unit, and these penalties can escalate significantly for fraud or repeat offenses (Section 2(b)(1)(A-C)).

Significant Penalty Caps: Penalties for a shipment may reach up to 1,000 percent of the estimated retail value of the shipment in the United States (Section 2(b)(2)).

Broad Definition of a Person: The penalties apply to a wide range of entities, including individuals, corporations, partnerships, and limited liability companies (Section 2(e)(2)(A)).

Strict Treatment of Related Entities: For the purpose of repeat violations, multiple people or entities may be treated as a single person if they share common ownership, officers, or control (Section 2(e)(2)(B)).