Sponsors (6)
The bill secures stable, market-informed funding and greater transparency for FDA tobacco oversight—potentially improving enforcement and youth-prevention—while imposing higher, indexed fees and new reporting/compliance burdens that raise costs for businesses and consumers and create confidentiality and implementation risks.
Taxpayers and state governments: The bill provides predictable, multi-year user-fee funding for FDA's Center for Tobacco Products (specified totals through FY2027 and CPI-U indexing thereafter), supporting continuity of tobacco product regulation and planning.
Manufacturers/importers and taxpayers: Requiring manufacturers/importers to report sales data creates a clearer, market-linked basis for allocating user fees across product classes so fee shares reflect market activity.
Children/youth, taxpayers, and the public: The bill increases transparency and accountability (yearly spending breakdowns between e‑cigarette vs combustible activities and explanations of youth ENDS education funding), and by funding FDA tobacco regulation may strengthen enforcement and youth-prevention efforts.
Small businesses, manufacturers, and consumers: Higher statutory and CPI-indexed user-fee totals increase costs for manufacturers/importers that are likely to be passed on to consumers as higher retail prices for tobacco products.
Manufacturers/importers (especially small firms): New and more frequent reporting (monthly sales submissions and fee-source breakdowns) plus making non‑submission a prohibited act create ongoing administrative burdens, compliance costs, and legal/enforcement exposure.
Manufacturers/importers: If the Secretary does not finalize the allocation formula by FY2029, fee application remains limited to listed product classes, producing uncertainty and potentially uneven fee burdens across product types.
Based on analysis of 3 sections of legislative text.
Sets and indexes annual FDA tobacco user-fee totals, changes fee allocation across product classes using a sales-based formula, and adds annual reporting on spending and youth vaping prevention.
Introduced March 26, 2026 by Jeanne Shaheen · Last progress March 26, 2026
Increases and fixes annual FDA user-fee funding levels for the Center for Tobacco Products, changes how those user fees are apportioned across tobacco product classes (including e-cigarettes/deemed products), and requires new annual reporting on how fees are spent — with particular attention to youth e-cigarette prevention. It sets specific dollar amounts for fiscal years, begins CPI indexing, phases in a formula-based fee apportionment for newer product classes, and adds transparency requirements beginning in FY2027 and FY2029.