FDA Issues Import Alert for New Tobacco Products

On May 17th, the US Food and Drug Administration (FDA) issued an "import alert" (Import Alert 98-06) stating that the FDA will detain "new tobacco products not approved for market entry and not subject to inspection." The alert targets importers, manufacturers, and transporters of electronic cigarette brands such as ELFBAR, EBDESIGN, Esco Bar, and others from China, South Korea, and the US.

Warning Regulations | Photo source: FDA

It is reported that an import alert is used to prevent potentially non-compliant products from being sold in the United States, free up agency resources to inspect other goods, provide uniform coverage nationwide, and shift responsibility back to the importer to ensure that products imported into the US comply with FDA laws and regulations.

In June 2009, the Family Smoking Prevention and Tobacco Control Act granted the FDA the authority to regulate tobacco products, recognizing it as the primary federal regulatory agency for the manufacture, marketing, and distribution of cigarettes, cigarette tobacco, and smokeless tobacco. The finalized regulations were published in the Federal Register on May 10, 2016 and went into effect on August 8, 2016, expanding the FDA's oversight to include designated tobacco products such as e-cigarettes, cigars, hookah tobacco, and pipe tobacco along with their components and parts, but not accessories.

Products that meet the definition of "new tobacco products" must comply with the pre-market requirements outlined in sections 910 and 905 of the Federal Food, Drug, and Cosmetic Act. According to section 902(6)(A) of the Federal Food, Drug, and Cosmetic Act, new tobacco products that have not received the necessary marketing authorization from the FDA are considered adulterated, while failure to comply with the notification and other information requirements outlined in section 905(j) of the Federal Food, Drug, and Cosmetic Act results in misbranding under 21 U.S.C. 387e(j).

The FDA has issued a marketing denial order to 10 companies, affecting 6,500 flavored electronic cigarettes and vaping liquid products. The companies receiving the order are prohibited from selling or distributing these products in the US market. Retailers continuing to sell these illegal products will face enforcement action from the FDA.

Heaven Gifts International Limited's images are sourced from the FDA.

IMiracle Shenzhen Technology Co. Ltd., image sourced from FDA.

First Union | Image Source: FDA

Innokin | Photo credit: FDA

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Reference:

The Import Alert 98-06 has been issued.