When the House of Representatives and the Senate passed a minibus funding bill and Continuing Resolution (CR) reopening the government on Nov. 12, 2025, the bill included language bolstering the federal government's efforts to address the illicit e-cigarette market. The language in the CR was taken from the Ensuring the Necessary Destruction of (END) Illicit Chinese Tobacco Act - S. 3148 and H.R. 5986 - introduced by Sen. John Cornyn (R-TX) and Rep. Beth Van Duyne (R-TX) on Nov. 7, 2025.

The CR includes $200M for the U.S. Food and Drug Administration (FDA) to use specifically for "enforcement activities related to e-cigarettes, vapes and other electronic nicotine delivery systems." Additionally, the bill designates $2M for the continuation of the multi-agency task force also working to curb the illicit market. Finally, the legislation directs the Commissioner of the FDA to update and publish the "Enforcement Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket Authorization" to include flavored disposable ENDS products. Now that the minibus and CR has been signed into law by President Trump, the FDA has clear authority to destroy "adulterated, misbranded or counterfeit tobacco products," including e-cigarettes. Read more here.