FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale

Oct.30.2024
FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
Following FDA's Import Alert on a product manufactured by ZHUHAI QISITECH CO., LTD, 2Firsts initiated correspondence with FDA to seek clarification. FDA emphasized that a Submission Tracking Number (STN) does not constitute product authorization and reminded exporters that only 34 e-cigarette products are currently authorized for legal sale in the United States. 2Firsts has included the full list in this article.

On October 16, 2024, 2Firsts reported that a product from ZHUHAI QISITECH CO., LTD had been added to FDA's Import Alert 98-06 list, drawing significant attention across the supply chain and among market participants. The announcement raised concerns within the industry, as stakeholders sought clarity on the implications for regulatory compliance and market access.

 

To better understand the U.S. regulatory landscape for e-cigarettes, 2Firsts reached out to FDA, which provided key disclosures and insights into the agency's enforcement measures.

 

 

1. Reason for Listing on Import Alert 

 

 

FDA listed ZHUHAI QISITECH CO., LTD's RAZ DC25000 due to its status as a new tobacco product that do not have the required FDA marketing authorization.

 

 

2. Scope of Impact

 

 

A product included on an Import Alert may be detained without physical examination, and future shipments of the product may be detained without having to test or otherwise physically examine it. 

 

 

3. STN Assignment vs. Authorization Explained

 

 

FDA assigns a Submission Tracking Number (STN) to submissions that are received from an applicant, such as a premarket tobacco product application (PMTA). However, an STN does not mean that the product has received authorization from FDA. For a new tobacco product to be legally marketed, it must have FDA authorization.

 

 

4. FDA Product Code Classifications

 

 

FDA explained to 2Firsts that the product codes are part of its product coding system used during import entry. These codes help classify products by type, such as smokeless tobacco or components/parts of an e-cigarette. FDA decides whether to apply a broad industry code (like "98") or a more specific class code (like 98L or 98M). 

 

However, the classification does not affect the enforcement action. All products listed under Import Alert, including ZHUHAI QISITECH CO., LTD's RAZ DC25000, are subject to detention without physical examination regardless of the specific product code. 

 

FDA also emphasized that it has a dedicated website offering tools and detailed information about its product code system. Detailed information on the different parts of the FDA Product Code can be found at this link: Product Codes and Product Code Builder | FDAThis underscores the importance of proper product code.

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
Homepage of FDA’s "Product Codes and Product Code Builder" site, offering tools and tutorials for generating product codes based on product type, use, and packaging. Image source: FDA 

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
After selecting "Product Code Builder," users can search for specific FDA product codes and selecting product categories. Image source: FDA

 

 

5. Three Pathways to Market for New Tobacco Products

 

 

To legally market a new tobacco product in the United States, a company must receive a written marketing order from FDA. In addition, companies may receive marketing authorization through one of the three pathways. 

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
FDA's website defines "New Tobacco Product," specifying which new or modified products require authorization for legal sale. Image source: FDA

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
Three pathways to obtain U.S. market authorization for new tobacco products. Image source: FDA

 

 

6. Only 34 E-Cigarettes Authorized for U.S. Sale

 

 

FDA also emphasized that, to date, it has authorized 34 tobacco- and menthol-flavored e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully sold in the United States.

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
The list of 34 e-cigarette products legally authorized for sale in the U.S. (Page 1).  Image source: FDA

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
The list of 34 e-cigarette products legally authorized for sale in the U.S. (Page 2). Image source: FDA

 

FDA to 2Firsts: STN isn't product approval, only 34 e-cigarettes authorized for U.S. sale
The list of 34 e-cigarette products legally authorized for sale in the U.S. (Page 3). Image source: FDA

 

The above information has long been available on FDA's official website and remains available to the public. In its response to 2Firsts, FDA reiterated that these are the only e-cigarette products currently approved for lawful sale in the United States, which further underscores the importance of regulatory compliance for companies seeking to enter the U.S. market.

 

The e-cigarette industry has clearly felt the increased enforcement efforts of FDA. On October 22, FDA, in collaboration with U.S. Customs and Border Protection, seized 3 million unauthorized e-cigarette products, including GEEKBAR and other brands, with an estimated retail value of $76 million.

 

2Firsts will continue to follow up and provide the latest reports.