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Disposable ENDS Product Enforcement Act of 2023

H.R. 901 Rep. Sheila Cherfilus-McCormick (D-FL-20) In committee
Bill text PDF
  1. Introduced Feb 9
  2. Committee Feb 9
  3. Passed House Next
  4. Passed Senate Not yet
  5. To President Not yet
  6. Law Not yet
Where it stands
In committee, Feb 9, 2023Next: House vote
1349d ago Feb 17, 2023: Referred to the Subcommittee on Health.
Final votes
No roll callsNo recorded vote on this bill yet
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1company, 1 filing
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Summary

Disposable ENDS Product Enforcement Act of 2023

Full summary3 paragraphs

This bill requires the Food and Drug Administration (FDA) to update its enforcement guidance regarding Electronic Nicotine Delivery System (ENDS) products to include certain disposable ENDS products.

In April 2020, the FDA published revised guidance on how it intends to prioritize enforcement resources with respect to ENDS products that do not have premarket authorization (i.e., that have not received FDA approval). The guidance specifies that the FDA intends to prioritize enforcement against (1) flavored, cartridge-based ENDS products (except for tobacco or menthol flavored products); (2) other ENDS products for which the manufacturer has not taken adequate measures to prevent access to minors; (3) any ENDS products that are targeted or promoted towards minors; and (4) any ENDS products for which the manufacturer has not submitted an application for market approval or did not receive approval.

For purposes of this guidance, cartridge-based ENDS products do not include disposable products that are completely self-contained. The bill requires the FDA to incorporate these products, including nicotine products that are not derived from tobacco, into its enforcement priorities. The bill additionally specifies that the FDA may prioritize enforcement against these products in advance of updating the guidance. The FDA must also annually report on its enforcement actions with respect to these products.

Library of Congress summary, Feb 9, 2023

Summary versions
  • Introduced in HouseFeb 9, 2023

Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 28, 2026.