The Ending Nicotine Dependence from Electronic Nicotine Delivery Systems (END ENDS) Act of 2019 (HR 4624, 116th Congress) aims to prohibit the concentration of nicotine in e-liquids to no higher than 20 milligrams per milliliter. As stated in the bill, the 20 mg/mL cap would be on par with caps imposed elsewhere (e.g., European Union, United Kingdom, and Israel). This bill would amend the Federal Food, Drug, and Cosmetic Act, which allows the FDA to regulate the safety of food, drugs, medical devices, and cosmetics, to set a limit on the nicotine concentration in e-liquids.
This bill defines an ‘electronic nicotine delivery system’ as “a tobacco product that is an electronic device that delivers nicotine, flavor, or another substance via an aerosolized solution”. The term ‘e-liquid’ is defined as “any liquid intended for use with an electronic nicotine delivery system”.
The Centers for Disease Control and Prevention (CDC) has stated that the brain continues to develop until the age of 25 and nicotine exposure can harm a developing brain, including increasing the risk for future addictions to other drugs. The CDC has also said that 99% of e-cigarettes sold in the United States contain nicotine. According to the bill, e-cigarettes manufactured in the United States do not have a nicotine cap, which allows manufacturers to design products to be as addictive as possible. Moreover, various state and local health authorities have determined that the skyrocketing e-cigarette use among American youth is an “epidemic”.