The continuing resolution that Congress passed and President Donald Trump signed on November 12 to reopen the government includes a new funding and enforcement mandate for the Food and Drug Administration (FDA) targeting electronic nicotine delivery systems (ENDS).

Key provisions:
– At least $200 million of the FDA’s $712 million in user fees must be used to enforce ENDS regulations.
– Of that $200 million, $2 million is earmarked for a multi-agency task force—including the Justice Department and Homeland Security—focused on cracking down on illegal ENDS products imported from China and other countries.
– The FDA must update its 2020 ENDS enforcement guidance within one year to explicitly cover flavored disposable vapes and to clarify the definition of disposable ENDS products.
– The law amends the Imports and Exports section of the Food, Drug, and Cosmetic Act to include tobacco products, expanding the FDA’s authority to regulate tobacco imports alongside foods, drugs, devices, and cosmetics.
– The FDA must provide semi-annual reports to Congress on efforts to remove illegal ENDS products from the market; the first report is due within 180 days of enactment (November 12).
– The agency is also expected to submit a report describing its work to educate retailers about which products are legally permitted for sale.

This article was adapted from an original report published on tobaccoreporter.com. All rights belong to the original publisher.