1. Short title This Act may be cited as the Nicotine Or Vaping Access Protection and Enforcement Act of 2019 or the NO VAPE Act of 2019 . 2. Increasing civil penalties applicable to certain violations of restrictions on sale and distribution of tobacco products (a) Penalties Paragraph (2) of section 103(q) of the Family Smoking Prevention and Tobacco Control Act ( 21 U.S.C. 333 note) is amended to read as follows: (A) In general The amount of the civil penalty to be applied for violations of restrictions promulgated under section 906(d), as described in paragraph (1), shall be as follows: (i) With respect to a retailer with an approved training program, the amount of the civil penalty shall not exceed— (I) in the case of the first violation, $300; (II) in the case of a second violation within a 12-month period, $500; (III) in the case of a third violation within a 24-month period, $1,000; (IV) in the case of a fourth violation within a 24-month period, $4,000; (V) in the case of a fifth violation within a 36-month period, $10,000; and (VI) in the case of a sixth or subsequent violation within a 48-month period, $20,000 as determined by the Secretary on a case-by-case basis. (ii) With respect to a retailer that does not have an approved training program, the amount of the civil penalty shall not exceed— (I) in the case of the first violation, $500; (II) in the case of a second violation within a 12-month period, $1,000; (III) in the case of a third violation within a 24-month period, $2,000; (IV) in the case of a fourth violation within a 24-month period, $4,000; (V) in the case of a fifth violation within a 36-month period, $10,000