Skip to main content
HR 901 118th Congress House Health Administrative law and regulatory procedures Department of Health and Human Services Drug, alcohol, tobacco use Food and Drug Administration (FDA) Government information and archives

Disposable ENDS Product Enforcement Act of 2023

Introduced: April 13, 2023 See on congress.gov
Sign in to write a letter Sign in to watch
This bill died when the 118th Congress ended
It never became law before the 118th Congress (2023–2024) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 17, 2023
Referred to the Subcommittee on Health.
Feb 9, 2023
Referred to the House Committee on Energy and Commerce.
Feb 9, 2023
Introduced in House
 Ask about this bill AI · grounded in the bill text

Have a question about what this bill does? Ask in plain English; the answer is drawn from the bill's actual text and official record, and it'll tell you when something isn't in the text rather than guess.

AI answers can be imperfect; always confirm against the full bill text.

 Plain-English summary Congressional Research Service

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 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.

What's happening now February 17, 2023

Referred to the Subcommittee on Health.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
 Lobbying activity 3

Registered lobbyists who named this bill in their disclosure filings. Source: federal Lobbying Disclosure Act filings.

 Cosponsors 19
All 19 Democratic 16 Republican 1
D
Gonzalez, Vicente
Texas · Apr 24, 2023
 D
Brown, Shontel M.
Ohio · Apr 17, 2023
 R
Mills, Cory
Florida · Apr 17, 2023
 D
Ivey, Glenn
Maryland · Apr 13, 2023
Allred, Colin
· Apr 10, 2023
 D
Sewell, Terri A.
Alabama · Apr 10, 2023
 D
Costa, Jim
California · Apr 3, 2023
 D
Lieu, Ted
California · Mar 22, 2023
 D
Carter, Troy A.
Louisiana · Mar 21, 2023
 D
Crockett, Jasmine
Texas · Mar 21, 2023
 D
García, Jesús G. "Chuy"
Illinois · Mar 21, 2023
Jackson Lee, Sheila
· Mar 21, 2023
 D
Moore, Gwen
Wisconsin · Mar 21, 2023
 D
Norton, Eleanor Holmes
District of Columbia · Mar 21, 2023
 D
Tokuda, Jill N.
Hawaii · Mar 21, 2023
 D
Williams, Nikema
Georgia · Mar 21, 2023
 D
Green, Al
Texas · Mar 10, 2023
 D
Jackson, Jonathan L.
Illinois · Mar 9, 2023
 D
Thanedar, Shri
Michigan · Mar 9, 2023
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 901: Disposable ENDS Product Enforcement Act of 2023. 118th Congress. Open America. https://openamerica.io/bill/118-HR-901/
MLA
"H.R. 901: Disposable ENDS Product Enforcement Act of 2023." 118th Congress, 2026, Open America, https://openamerica.io/bill/118-HR-901/.
Bluebook (legal)
H.R. 901, 118th Cong. (2026), https://openamerica.io/bill/118-HR-901/.
Markdown link
[H.R. 901: Disposable ENDS Product Enforcement Act of 2023](https://openamerica.io/bill/118-HR-901/)
Report a problem