Regulate Smarter Praises Cotton’s ENDS Chinese Vapes Act

Regulate Smarter commends U.S. Senator Tom Cotton (R-AR) for introducing the Eliminating Nefarious Distribution of Smuggled Chinese Vapes Act, or the ENDS Chinese Vapes Act. This legislation takes direct aim at the flood of unauthorized, illicit vapes pouring into the United States from Communist China, evading U.S. Food and Drug Administration (FDA) oversight and overwhelming communities with products that pose serious risks to public health—especially to underage users drawn to the youth-appealing characteristics.

By dramatically increasing civil penalties for importers who traffic illicit goods, the bill strengthens enforcement at the border and sends a clear message that enabling the illegal nicotine product trade carries steep financial consequences. By amending the Tariff Act of 1930 to impose meaningful fines on importers, Cotton’s approach cracks down on the illicit market and helps better protect American manufacturers and retailers who play by the rules.

Senator Cotton has been outspoken about the threat posed by weak enforcement that has allowed nefarious actors—often tied to Chinese supply chains—to undermine legitimate, regulated nicotine product markets. In November 2025, he sent a letter to FDA Commissioner Martin Makary expressing concern about the distribution of illicit Chinese nicotine products.

The ENDS Chinese Vapes Act is the type of effort that Regulate Smarter believes is necessary to help modernize the regulation of nicotine products through more effective enforcement of bad actors and supports science-based policies and harm reduction principles. We are committed to working with lawmakers on both sides of the aisle to advance policies that reduce underage use and foster a well-regulated nicotine marketplace that serves adult consumers responsibly by providing them access to legal and less harmful smoke-free products they are seeking.

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