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.
We welcome news tips, article submissions, interview requests, or comments on this piece.
Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn
Notice
1. This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.
2. The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.
3. This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.
4. Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.
Copyright
This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.
For copyright-related inquiries, please contact: info@2firsts.com
AI Assistance Disclaimer
This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.
We welcome any corrections or feedback. Please contact us at: info@2firsts.com
