Congress tobacco and nicotine bills
Every tobacco and nicotine bill in Congress, what each would do, and where it stands. 37 states enacted tobacco and nicotine laws in the 2025 and 2026 sessions. Congress has bills in progress and none enacted yet.
- Bills in scope
- 11bills in scope
- Past committee
- 0past committee
- Most recent action
- 6 August 2026most recent action
Tobacco and nicotine in Congress, by topic
Escrow, marketing and smoke-free rules
5 bills. Enacted in 11 states.
Vapor product directories
3 bills. Enacted in 8 states.
Licensing
3 bills. Enacted in 18 states.
Excise taxes and stamps
2 bills. Enacted in 20 states.
Minimum age and youth access
1 bill. Enacted in 13 states.
Tobacco and nicotine bills in Congress
The bills not yet law, furthest along first, with what each would do.
11Introduced or inactive
11 bills in scope
Introduced or inactive
11
What it would do: Amends the Public Health Service Act to require the CDC Director to carry out a Reducing Youth Use of E-Cigarettes Initiative including research on youth e-cigarette use, product characteristics, prevention strategies, and public education campaigns, with $100,000,000 authorized annually for fiscal years 2027 through 2031.
What it would do: Amends the Tariff Act of 1930 to impose escalating civil penalties for importing unauthorized electronic nicotine delivery systems, ranging from $500 to $5,000 per unit depending on fraud, gross negligence, or negligence, with multipliers for transshipment schemes or repeat violations within 3 years, capped at 1,000 percent of estimated retail value.
What it would do: Increases tobacco product user fees to $712 million annually through 2026, then $826.2 million for 2027, with subsequent adjustments for inflation. Beginning 2029, extends fees to all tobacco product classes deemed subject to FDA regulation, with fees allocated by gross domestic sales percentages.
What it would do: Amends the Federal Food, Drug, and Cosmetic Act to exempt traditional large and premium cigars from FDA jurisdiction and regulations, defining them by specific manufacturing and composition standards including hand-rolling, leaf tobacco wrapping, and minimum weight requirements.
What it would do: Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to mandate codes on tobacco product labels for tracking or tracing through the distribution system, effective no later than June 1, 2026.
What it would do: Establishes a multi-agency federal task force within 30 days to combat illegal importation, distribution, and sale of e-cigarettes. The task force shall meet monthly, submit semiannual reports to Congress, and terminate 10 years after establishment.
What it would do: Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to destroy adulterated, misbranded, or counterfeit tobacco products offered for import, applying the same destruction authority previously limited to drugs and devices.
What it would do: Amends the Internal Revenue Code to establish separate tax rates for pipe tobacco: $2.8311 per pound for non-waterpipe tobacco and $0.5662 per pound for waterpipe tobacco, including hookah, shisha, and similar products, effective after enactment.
What it would do: Amends the Federal Food, Drug, and Cosmetic Act to exclude premium cigars from the definition of tobacco products subject to FDA regulation, defining premium cigars by specific criteria including whole tobacco leaf wrapping, hand-rolling, no characterizing flavors, and minimum weight requirements.
What it would do: Amends Internal Revenue Code to increase and equalize excise tax rates on all tobacco products including cigarettes, cigars, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and imposes new excise tax on extracted or synthesized nicotine used in vaping products, with inflation adjustments beginning in 2026.
What it would do: Amends Internal Revenue Code to increase and equalize excise tax rates on all tobacco products including cigarettes, cigars, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and imposes new excise tax on extracted or synthesized nicotine used in vaping products, with annual inflation adjustments beginning in 2026.
Bill titles link to Congress's own page.
What counts as tobacco and nicotine legislation
In scope: Flavor bans and product standards; vapor product directories; licensing; excise taxes and stamps; minimum age and youth access; online and delivery sales; nicotine pouches and new products; and escrow, marketing and smoke-free rules.
Questions
Does Congress have a tobacco and nicotine law?
None of the 11 tobacco and nicotine bills in Congress has been enacted in the 2025 and 2026 sessions.
What does Congress legislate on most in tobacco and nicotine?
Escrow, marketing and smoke-free rules (5 bills), Vapor product directories (3 bills) and Licensing (3 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Tobacco and nicotine bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in Congress
- AI in Congress363
- Alcohol in Congress16
- Cannabis in Congress32
- Children's Online Safety in Congress50
- Cybersecurity in Congress177
- Data center and energy in Congress61
- Data Privacy in Congress151
- Employment in Congress476
- Healthcare in Congress836
- Insurance in Congress48
- Intellectual Property in Congress70
- Packaging and PFAS in Congress54
- Payments and fintech in Congress61
- Rental housing in Congress30
- Transportation in Congress101
- All jurisdictions
Tobacco and nicotine legislation in other jurisdictions
51 more currently hold bills in this tracker
- New Jersey50
- New York49
- West Virginia31
- Mississippi22
- Hawaii21
- Montana20
- Texas20
- Iowa19
- Illinois19
- Indiana19
- Virginia18
- Connecticut16
- Massachusetts15
- Michigan15
- Missouri15
- Maryland14
- Tennessee13
- Washington13
- Kentucky12
- Oklahoma12
- Louisiana11
- Arizona10
- Nebraska10
- South Dakota10
- Utah10
- Florida9
- California8
- Georgia8
- New Hampshire8
- Oregon8
- Wisconsin8
- Maine7
- North Carolina7
- Pennsylvania7
- Rhode Island7
- Arkansas6
- Alabama5
- Idaho5
- Puerto Rico5
- South Carolina5
- New Mexico4
- Wyoming4
- Alaska3
- Colorado3
- Delaware3
- Kansas3
- Nevada3
- Ohio3
- Minnesota2
- North Dakota2
- Vermont2
Know when Congress's tobacco and nicotine law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.