Separately from the flavored ENDS draft, on May 8, 2026, the FDA issued an enforcement priorities guidance for unauthorized ENDS and nicotine pouch products. This guidance states that the FDA does not intend to prioritize enforcement against certain unauthorized ENDS products, including products with pending PMTAs that have been accepted and filed — unless they have "presumptively underage-appealing elements."
Important distinction: Non-prioritized enforcement does NOT mean a product is authorized. Unauthorized ENDS products remain subject to enforcement actions at any time. Retailers and consumers should rely only on the FDA's authorized product list, not on enforcement-discretion status. See our state flavor ban guide for state-level enforcement that may be stricter than federal policy.
