Today, the Trump Administration announced that it is instructing the Food and Drug Administration to “finalize a compliance policy in the coming weeks that would prioritize the agency’s enforcement of the premarket authorization requirements for non-tobacco-flavored e-cigarettes, including mint and menthol, clearing the market of unauthorized, non-tobacco-flavored e-cigarette products.”  The details of the policy were not communicated, although the scope appears to be quite broad and intended to result in only the continued authorized sale of tobacco-flavored e-vapor products in the United States.  The announcement states that “ENDS products currently on the market are not being legally marketed and are subject to government action,” without acknowledging that the FDA itself had exercised enforcement discretion to allow ENDS products until May 20, 2021 to file premarket tobacco product applications (a date that has been reset to May 20, 2020 by a Maryland court and is itself the subject of litigation).  Please contact us if you have any questions.