Resources To Prevent Youth Vaping Act
Key claim: This Senate bill would let the FDA charge manufacturers user fees on e-cigarettes and other products it classifies as tobacco, raise the total fee amount in 2025 with later inflation adjustments, and require companies to report product sales so the agency can fund tobacco regulation.
Abstract
(S3653 · 118th Congress) Resources to Prevent Youth Vaping Act This bill directs the Food and Drug Administration (FDA) to collect user fees on products that it deems by regulation to be tobacco products, including electronic nicotine delivery systems, and addresses related issues. Currently, the FDA is authorized to collect user fees only on specified classes of tobacco products. The bill increases the total amount of such fees to be collected for FY2025. For each fiscal year after, the total amount of such fees shall be adjusted according to changes in a price index. Starting in FY2027, the FDA must assess user fees on classes of products that it has deemed by regulation to be tobacco products, unless the FDA fails to finalize a formula for assessing such fees on time. Once it is finalized, the FDA may only revise this formula by regulation. The bill also requires each tobacco manufacturer and importer to periodically submit certain information related to the tobacco products that it sells or distributes in the United States. The FDA must annually report to Congress about its use of such tobacco product fees. Latest action (2024-01-24): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Why this matters
Extending FDA user fees to e-cigarettes would shift a share of the cost of tobacco regulation onto vaping manufacturers and give the agency a dedicated funding stream to review and enforce against ENDS products, which currently fall outside the fee base established for cigarettes and other traditional tobacco. For manufacturers, it would add new sales-reporting obligations and per-unit costs that could be passed to consumers; for FDA, it would expand resources available to police a market that has grown faster than its oversight capacity.