Resources To Prevent Youth Vaping Act

Bill Number

S. 4257

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Health

Status

Introduced

Latest Action

2026-03-26: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Last Updated

2026-04-14T11:03:26Z

AI-Generated Summary

Purpose

The "Resources To Prevent Youth Vaping Act" (S. 4257) aims to increase funding for the Food and Drug Administration (FDA) to regulate tobacco products, including electronic cigarettes and other "deemed" tobacco products (products not originally listed in law but regulated under the same rules as traditional tobacco). It expands and raises user fees paid by tobacco manufacturers and importers to support FDA oversight and youth vaping prevention efforts.

Key Provisions

• Fee Increases:
• Total annual user fees set at $712 million for fiscal years (FY) 2019–2026.
• Increases to $826.2 million in FY 2027.
• For FY 2028 and beyond, adjusted annually based on changes in the Consumer Price Index (a measure of inflation for everyday goods).
• Expansion to All Tobacco Products (effective FY 2029):
• Fees apply to all classes of tobacco products under Chapter IX of the Federal Food, Drug, and Cosmetic Act (FD&C Act), including "deemed" products like e-cigarettes.
• Traditional products (cigarettes, cigars, smokeless tobacco, roll-your-own tobacco) allocated fees based on fixed percentages of the total.
• "Other" products (e.g., e-cigarettes) allocated based on their share of gross domestic sales (total U.S. sales value) from the prior year.
• Data Submission Requirements:
• Manufacturers and importers must submit sales data (e.g., product classes, sales values) starting in 2028: initial report by March 1, 2028, for 2027; quarterly then monthly.
• Failure to submit is a prohibited act (potential fines or penalties).
• Fee Allocation Within Classes:
• Determined by the FDA Secretary based on each company's share of sales in their class.
• Reporting and Oversight:
• FDA must issue a formula by regulation for "other" product fees; if delayed, traditional product fees continue unchanged.
• Annual FDA reports to Congress must break down spending on "deemed" vs. traditional products, public education on youth vaping (e.g., e-cigarette dangers), and fee collections by product type (starting FY 2027/2029).
• Requires a memorandum of understanding with other federal agencies for sharing manufacturer data.

Significant Changes to Existing Law

• Expands Fee Coverage: Previously, fees mainly covered traditional tobacco; now includes all products, including "deemed" ones, from FY 2029.
• Shifts Allocation Method: Moves from fixed statutory percentages or references to old tax laws to FDA-determined formulas based on sales data.
• Raises Fee Levels: Locks in higher amounts with inflation adjustments.
• Adds Enforcement and Reporting: New data mandates, prohibited acts, and detailed annual breakdowns not previously required.

Potential Impacts

• Government Agencies: FDA gains more stable, increased funding (~$800M+ annually) for regulation, enforcement, and anti-vaping campaigns; requires more data processing and reporting.
• Citizens: Enhanced FDA oversight of tobacco products, especially e-cigarettes; increased public education to reduce youth vaping.
• Industry: Higher costs for manufacturers/importers, particularly e-cigarette makers; new reporting burdens.
• No Direct International Impact: Focuses on U.S. domestic sales and manufacturers.

Main Stakeholders Affected

• FDA and HHS: Primary beneficiary with expanded funding and duties.
• Tobacco Manufacturers and Importers: Bear higher fees and data submission requirements, especially "deemed" product makers (e.g., vaping companies).
• Public Health Groups and Youth: Benefit from resourced prevention and regulation.
• Congress: Receives detailed spending reports for oversight.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FDA's fee authority under the FD&C Act without new taxes; uses existing "prohibited act" framework for enforcement (e.g., injunctions, seizures).
• Constitutional: Relies on Congress's taxing and spending powers; no apparent free speech or due process issues as fees are regulatory, not content-based.
• Political: Bipartisan (introduced by Sens. Shaheen, Murkowski, Durbin, Baldwin, Blumenthal); targets youth vaping epidemic, aligning with public health priorities; referred to Senate HELP Committee.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Shaheen, Jeanne [D-NH]

Cosponsors (5)

Sen. Murkowski, Lisa [R-AK], Sen. Durbin, Richard J. [D-IL], Sen. Baldwin, Tammy [D-WI], Sen. Blumenthal, Richard [D-CT], Sen. Collins, Susan M. [R-ME]

Recent Actions

• 2026-03-26: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
• 2026-03-26: Introduced in Senate

Bill Versions

• Resources To Prevent Youth Vaping Act — issued 2026-03-26 — PDF (11 pages)