The continuing resolution Congress passed and President Donald Trump signed on November 12 to reopen the government includes a new, specific mandate for the Food and Drug Administration (FDA). The agency must direct at least $200 million of its $712 million in user fees to enforcement of rules governing electronic nicotine delivery systems (ENDS). Of that amount, $2 million is earmarked for a multi-agency task force—featuring the Justice Department and Homeland Security—to target illegal ENDS imports from China and other countries.

The law also requires the FDA to revise its 2020 ENDS enforcement guidance within one year to explicitly cover flavored disposable vapes and to clarify what counts as a disposable ENDS product. Additionally, the Imports and Exports section of the Federal Food, Drug, and Cosmetic Act has been updated to include tobacco products, giving the FDA clearer authority to regulate their import alongside food, drugs, devices, and cosmetics.

The agency must report to Congress every six months on its efforts to remove illegal ENDS products from the market, with the first report due within 180 days of enactment (November 12). The FDA is likewise 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.