September 17, 2020
This update is to provide MIRA members guidance as to what e-cig and vape products retailers can sell. As many of you know the U.S. Food & Drug Administration (FDA) has required that all manufacturers of tobacco products submit their Premarket Tobacco Applications (PMTA) by September 9, 2020 for any tobacco product that was not commercially marketed in the United States as of February 15, 2007. While this applies to all tobacco items meeting the criteria, the area of concern for most retailers is the Electronic Nicotine Delivery Systems (ENDS) which is e-cigs and vape products. The FDA has recently said it will publish a list of those products with submissions on file but that will likely be some time before they make it available. This has put many retailers in a position where they are uncertain that the products which they are stocking are legal to sell. MIRA recommends you take the following action.
- If you are sourcing these products from your wholesaler (S. Abraham and Sons, Team Sledd, McAneny, Coremark, Hackney, etc.), they should have verified that the manufacturers have submitted the PMTA’s and have received their letter of acceptance from the FDA. You should verify with your wholesaler what their return policy is on the products you are sourcing if they become illegal.
- If you are sourcing these products from a direct store delivery supplier, an internet supplier, or a nontraditional wholesaler, we strongly urge that all retailers ask for evidence of those products submissions and letter of acceptance by the FDA. If they cannot provide you with that documentation, we would recommend that you stop selling those items.
MIRA will continue to monitor and update our members with any news associated with this topic, including the list of products from the FDA when it is made available.