"My bill would increase the penalty on companies that enable Communist China to sell these dangerous devices in American markets,"
Increase penalties on importers and companies that bring illegal vapes into the United States, including Chinese vapes.
Occurrences
Evidence
AP reports that FDA guidance now lets certain nicotine products stay on the market while applications are reviewed, easing prior enforcement posture rather than tightening it.
AP says federal agents seized large quantities of China-smuggled illegal vapes and filed civil actions against distributors and retailers in multiple states.
The Senate Judiciary Committee held a hearing on enforcement against illegal e-cigarettes with FDA and DOJ witnesses, showing Congress was focused on the problem.
FDA and DOJ announced a new multi-agency task force to target illegal e-cigarette distribution and sales, indicating enforcement activity rather than a new penalty statute.
Assessments
The available evidence shows stronger federal enforcement against illegal e-cigarettes, including Chinese-smuggled vapes, through hearings, a DOJ-FDA task force, seizures, and civil actions. But that is not the same as increasing statutory penalties on importers and companies, which is the specific promised outcome. The record provided does not show Tom Cotton enacted, sponsored to passage, or materially advanced a law or rule that raised those penalties. Because related enforcement action occurred without proof of the promised penalty increase, this is better scored as partial rather than delivered.