US Congress Proposes Disposable ENDS Product Enforcement Act

On March 13th, it was reported that the full text of the proposal for the "Disposable ENDS Product Enforcement Act of 2023" has been made public on the official website of the United States Congress. The bill was introduced by Sheila Cherfilus McCormick, a member of the House of Representatives from Florida, and has been assigned to the House Energy and Commerce Committee.

Hillary Schefter-McCormick | Source: Official website of the United States Congress

The bill cites a study released by the U.S. Food and Drug Administration in 2022 that indicates disposable e-cigarettes are the most commonly used type of device among underage individuals in the United States.

Based on this premise, the bill requires that within 90 days of its passage, the Department of Health and Human Services (HHS) must update its enforcement priorities for electronic nicotine delivery systems (ENDS) and other deemed products that have not been authorized for pre-market sale, as outlined in its April 2020 publication. The updated regulations must include measures on how to prioritize enforcement actions against disposable ENDS products, including non-tobacco derived nicotine products.

According to reports, as of March 10, there are four co-sponsors of the bill, all of whom are Democratic members of the House of Representatives, as listed on Congress's website. The House is majority-controlled by Republicans, with 222 seats, while Democrats hold 213 seats. Previously, Republican Kevin McCarthy faced opposition from far-right conservative members before ultimately winning the election as Speaker of the House after 15 rounds of voting, marking the most rounds of voting in a House Speaker election since 1923.

References:

HR901 - One-time Enforcement of ENDS Products Act in 2023.

Additional reading:

A new US bill is pressuring the FDA to crack down on disposable e-cigarettes.