PolicyBrief
S. 819
119th CongressMar 3rd 2025
End Tobacco Loopholes Act
IN COMMITTEE

This Act dramatically increases and standardizes federal excise taxes across nearly all tobacco products, including imposing a new tax on nicotine used in vaping products.

Richard Durbin
D

Richard Durbin

Senator

IL

LEGISLATION

Federal Tax on Vaping Nicotine and Cigarettes Doubles: Prepare for Major Price Hikes Across All Tobacco Products

The “End Tobacco Loopholes Act” isn't just about closing gaps; it’s a massive federal tax hike targeting nearly every product that contains tobacco or nicotine. This bill doubles the existing federal excise tax on cigarettes and dramatically increases rates on everything from pipe tobacco to cigars. The key takeaway for consumers is simple: if you buy it, it’s about to get significantly more expensive.

The Vaping Tax That Changes Everything

For the first time, the federal government is imposing a dedicated excise tax on nicotine used in vaping products, and they aren't messing around with the rate. This new tax on “taxable nicotine” is set at the same high rate as cigarettes: $100.66 per 1,810 milligrams of nicotine. Think of it this way: a standard 30mL bottle of 50mg/mL nicotine salt e-liquid contains about 1,500 milligrams of nicotine. That $100.66 rate means the federal tax alone on that bottle could easily exceed $80, depending on the concentration. This is a game-changer for the vaping industry and will likely push the price of legal nicotine products through the roof, making that morning vape juice run feel like buying a tank of gas.

Tax Parity: The End of the Cheap Smoke

The bill’s core mechanism is achieving “tax parity,” which means products previously taxed at lower rates are being brought up to match the highest rates. For example, the tax on roll-your-own tobacco and pipe tobacco is jumping from around $2.83 to a staggering $49.56. Similarly, the tax on regular smokeless tobacco is increasing from $1.51 to $26.84. If you use those small, single-use pouches or lozenges, the hit is even harder: there's a new, specific tax of $100.66 per thousand units. This means the low-cost options that some consumers rely on are being eliminated, forcing price points up to match premium products. Starting in 2026, these new high rates won't even be static; they'll automatically increase every year based on the cost of living, ensuring prices keep climbing.

The Inventory Shock: Small Business Hit

While consumers face higher prices, retailers and distributors face an immediate cash flow crunch thanks to the “floor stocks tax.” If a business is sitting on inventory—say, a warehouse full of cigarettes or pipe tobacco—on the day the new, higher tax rate kicks in, they have to pay the government the difference between the old tax they already paid and the new, higher tax. They get a small $500 credit, but for businesses holding thousands of dollars worth of product, this is a substantial, unexpected tax bill due within 120 days. This provision effectively forces small businesses to pay the new taxes immediately on existing stock, which could strain finances and lead to immediate price increases as they rush to recoup the sudden cost.

Navigating the Cigar Tax and Regulatory Burden

Even cigars aren't spared. Small cigars are doubling in tax to $100.66, and large cigars are moving to a weight-based tax of $49.56 per pound, with a minimum tax of 10 cents per cigar. The Treasury Secretary will have to issue guidance just to figure out how to weigh and tax those large cigars correctly. Furthermore, anyone who extracts or synthesizes nicotine for vaping is now officially deemed a “manufacturer of taxable nicotine” and must comply with the same complex rules and permits as traditional tobacco companies. This means new regulatory hurdles and compliance costs are being layered onto the existing business structure, especially for those in the vaping liquid sector.