1. Short title This Act may be cited as the Disposable ENDS Product Enforcement Act of 2023 . 2. Findings Congress finds the following: (1) In April 2020, the Food and Drug Administration issued guidance entitled Enforcement Priorities for Electronic Nicotine Delivery System (ENDS) and Other Deemed Products on the Market Without Premarket Authorization . (2) In such guidance, Food and Drug Administration describes how the agency intends to prioritize enforcement against any flavored, cartridge-based electronic nicotine delivery system product (other than a tobacco- or menthol-flavored electronic nicotine delivery system product) marketed without authorization from the Food and Drug Administration. (3) In defining the term cartridge-based ENDS product, the guidance cites self-contained, disposable products as not being with the scope of this prioritized category. (4) The guidance explains: FDA is continuously evaluating new information and adjusting its enforcement priorities in light of the best available data, and it will continue to do so with respect to these products. FDA will take appropriate action regarding tobacco products that are marketed without premarket authorization, including as warranted based on changed circumstances, new information, or to better address minors’ use of those products . (5) In November 2022, the Food and Drug Administration and the Centers for Disease Control and Prevention released the findings from the 2022 National Youth Tobacco Survey. The data shows that self-contained disposable electronic nicotine delivery system products were the most common device type used by minors. 3. Updated enforcement prioritization (a) Guidance The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (referred to in this Act as the Secretary ), shall not later than 90 days after the date of the enactment of this Act, update the final guidance entitled Enforcement Priorities for Electronic Nicotine Delivery System (ENDS) and Other Deemed Products on the Market