Trump Signs H.R.5371: FDA to Deploy $200 Million for ENDS Enforcement

Key Point

• $200M enforcement funding from tobacco user fees to crack down on illegal ENDS products.
• $2M for China-focused task force led by DOJ, DHS, and FDA.
• Expanded enforcement to include flavored disposable ENDS products within 12 months.
• Semi-annual reports required from FDA to Congress.
• Import authority strengthened by adding “tobacco products” to items FDA can refuse at the border.
• Retailer education mandate requiring FDA to outline guidance within 180 days.

2Firsts, November 14, 2025 — According to the U.S. Congress website, U.S. President Donald Trump signed the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (H.R. 5371) on November 12, officially ending the 43-day federal government shutdown. The omnibus legislation includes full-year funding for several key federal departments.

Part B of the law — the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2026 (hereinafter “the FDA Appropriations Act”) — contains Section 772, which establishes new regulatory and enforcement measures targeting the U.S. e-cigarette and ENDS market.

According to the text of S.2256 – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2026, Section 772 lays out a detailed enforcement and reporting framework for the U.S. Food and Drug Administration (FDA) concerning e-cigarettes, vapes, and other electronic nicotine delivery systems (ENDS).

Under subsection (a), of the amounts made available in the Act under the heading “Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses” that are derived from tobacco product user fees authorized by 21 U.S.C. 387s, not less than $200,000,000 must be used by the Commissioner of Food and Drugs for enforcement activities related to e-cigarettes, vapes, and other ENDS, including activities under section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)). Of this amount, not less than $2,000,000 is reserved to continue supporting the federal multi-agency task force led by the Department of Justice, Department of Homeland Security, and the FDA, aimed at applying all available criminal and civil tools against the illegal manufacture, importation, distribution, and sale of e-cigarettes, vapes, and other ENDS products from the Republic of China and other foreign countries.

Under subsection (b), no later than 365 days after enactment, the Commissioner of Food and Drugs must update the FDA document titled “Enforcement Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket Authorization,” published in January 2020 and updated in April 2020. The update must expand FDA’s prioritized enforcement to include flavored disposable ENDS products, in addition to cartridge-based products, and must define the term “disposable ENDS product.”

Under subsection (c), the Commissioner of Food and Drugs must submit a semi-annual written report to the Committees on Appropriations of both Houses of Congress on the progress made by the Center for Tobacco Products in removing all illegal ENDS products from the market. The initial report must be submitted no later than 180 days after enactment.

Subsection (d) amends section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) by striking the phrase “drug or device” in the seventh, eighth, ninth, and tenth sentences and replacing it with “drug, device, or tobacco product.” This change explicitly brings tobacco products within the scope of that statutory provision.

Finally, under subsection (e), within 180 days, the FDA must submit a report to the Appropriations Committees of both Houses of Congress detailing the Agency’s activities to educate retailers in determining which products are legal for sale.