H.R. 901 — Disposable ENDS Product Enforcement Act of 2023

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 mi...