FDA’s New Enforcement Priorities Signal a Shift for the Electronic Nicotine Delivery Systems (ENDS) Industry

In May 2026, the U.S. Food and Drug Administration (FDA) issued final guidance titled “Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization.” While the guidance also addresses oral nicotine pouch products, its most significant impact is on the Electronic Nicotine Delivery Systems (ENDS) industry.