Key Points
- Indiana issued foreign-adversary notices on September 9 and 14 covering products marketed as iJOY, LIO, Elf Bar, Lost Mary, Heaven Gifts and MR FOG.
- On September 22, the ATC listed 257 MR FOG products as lawful for sale. On September 24, the Lost Mary list increased from 57 to 77 entries after the agency received evidence of compliance for 20 additional products.
- The two revised notices contain 334 product entries, but 11 Lost Mary entries repeat product names appearing earlier in the list, meaning the total should not be interpreted as 334 distinct SKUs.
- 2Firsts compliance expert Kurt said potential supporting documents could involve e-liquid and ingredient sourcing, U.S. nicotine-analog supply chains and FDA PMTA status.
2Firsts
October 8, 2026
Indiana's Alcohol and Tobacco Commission (ATC) issued a series of notices in September directing tobacco certificate holders to remove certain vaping products marketed under Elf Bar, Lost Mary, MR FOG, iJOY, LIO and Heaven Gifts from inventory and halt their sale or distribution under the state's newly effective foreign-adversary product rules.
The notices concerned products associated with three Chinese manufacturers: Shenzhen iJOY Technology Co., Ltd.; Shenzhen iMiracle Technology Co., Ltd.; and Dongguan HT Technology Co., Ltd.
Based on publicly available information, the ATC identified the relevant products as foreign-adversary products and instructed certificate holders to remove them from inventory immediately. The agency said the products were subject to seizure by Indiana State Excise Police.
Some products subsequently regained eligibility for sale.
On September 22, the ATC issued a revised MR FOG notice listing 257 products as lawful for sale in Indiana. On September 23, the agency's first revision of its Shenzhen iMiracle notice cleared 57 Lost Mary entries. On September 24, the ATC said it had received evidence of compliance for 20 additional Lost Mary products and expanded the list to 77 entries.
Together, the two revised notices contained 334 product entries eligible for sale as of September 24.
Unlisted MR FOG products and other relevant e-liquid products manufactured by Shenzhen iMiracle Technology Co., Ltd., including products marketed as Elf Bar and Heaven Gifts, remained barred from sale or distribution in Indiana.
Three Chinese Manufacturers Named Before MR FOG and Lost Mary Receive Partial Clearance
On September 9, the ATC issued a notice identifying relevant products manufactured by Shenzhen iJOY Technology Co., Ltd. and marketed under the iJOY and LIO names as foreign-adversary products.
The notice listed product ranges including iJOY Bar, XP100K, XP50000, XP35K, VENUS and LUNA Disposable, as well as LIO Bar, SS40000, XP20000 and XP12000.
Indiana tobacco certificate holders were instructed to remove the relevant iJOY and LIO e-liquid products from inventory immediately and halt their sale or distribution.
On September 14, the ATC issued a separate notice covering products manufactured by Shenzhen iMiracle Technology Co., Ltd. and marketed under the Elf Bar, Lost Mary and Heaven Gifts names.
Products cited in the notice included ELFBAR 600, 1000, 1200, 1500 and 4IN1, ELFA Master, the ELFX range, and Lost Mary BM600, BM3500, BM5000, BM6000, TAPPO, VIZ and MO ranges.
Certificate holders were directed to remove all relevant e-liquid products manufactured by Shenzhen iMiracle Technology Co., Ltd. from inventory.
The ATC issued another initial notice the same day concerning products manufactured by Dongguan HT Technology Co., Ltd. and marketed under the MR FOG brand.
| Date | Manufacturer and brands | ATC action |
|---|---|---|
| Sept. 9 | Shenzhen iJOY Technology Co., Ltd.: iJOY, LIO | Immediate inventory removal and sales halt |
| Sept. 14 | Shenzhen iMiracle Technology Co., Ltd.: Elf Bar, Lost Mary, Heaven Gifts | Immediate inventory removal and sales halt |
| Sept. 14 | Dongguan HT Technology Co., Ltd.: MR FOG | Initial inventory removal and sales halt |
| Sept. 22 | MR FOG | 257 product entries listed as lawful for sale |
| Sept. 23 | Lost Mary | 57 product entries listed as lawful for sale |
| Sept. 24 | Lost Mary | Compliance evidence received for 20 additional products; list expanded to 77 entries |
The September 22 revised MR FOG notice covered the SWITCH SW15000, SWITCH SW5500, SWITCH POD, NOVA, AURA and ELITE ranges.
Some SW15000 and NOVA products were labeled as containing 50 mg/ml nicotine, while SWITCH POD, POD Kit and SW5500 ranges included entries labeled 5%. The list covered disposable devices, pods and kits.
The ATC stated that the 257 listed MR FOG products could be sold and distributed by Indiana tobacco certificate holders. Other products manufactured by Dongguan HT Technology Co., Ltd. or marketed as MR FOG but not included in the revised notice remained foreign-adversary products that could not be sold or distributed in Indiana.
The MR FOG revision did not specify what additional documentation, if any, the manufacturer submitted before the 257 products were determined to be lawful for sale.
Lost Mary's clearance took place in two stages.
On September 23, the ATC issued its first revised notice allowing the sale of 57 Lost Mary entries.
On September 24, the agency expressly said it had received evidence of compliance for 20 additional Lost Mary products and issued a second revised notice expanding the list to 77 entries.
The list covered Lost Mary VIZ, MT35000 Turbo, NERA POD and NERA FULLVIEW KIT ranges, with entries identified by product model and flavor.
The September 24 notice contained 77 Lost Mary product entries. Eleven entries, numbered 67 through 77, repeated names of VIZ products appearing earlier in the list. The notice did not state whether the identically named entries represented separate SKUs.
The 257 MR FOG entries and 77 Lost Mary entries therefore amount to 334 listed product entries, not necessarily 334 distinct SKUs.
The ATC said the 77-entry Lost Mary list represented the complete record of Shenzhen iMiracle Technology Co., Ltd. products lawful for sale in Indiana at that time. Other unlisted relevant e-liquid products, including those marketed as Elf Bar or Heaven Gifts, remained barred from sale or distribution.
Indiana Law Targets E-Liquid and Ingredient Sourcing While Excluding Device Hardware
The ATC actions were taken under Indiana Senate Enrolled Act 185, signed into law on March 12, 2026, as Public Law 148. The relevant provisions took effect on July 1.
The law restricts specified e-liquids and e-liquid products involving countries designated as foreign adversaries under 15 CFR 791.4 and addresses where e-liquids and their ingredients are manufactured, sourced or imported.
China is among the countries listed under the federal foreign-adversary designation.
The law also excludes vaping-device hardware and components used to convert e-liquid into inhalable aerosol from the definition of foreign-adversary products.
For affected vaping products, the origin of e-liquid and its ingredients can therefore be material to the statutory assessment, while the place where the device hardware itself was manufactured does not by itself determine whether a product falls within the foreign-adversary definition.
The statute also provides exceptions tied to specified U.S. Food and Drug Administration regulatory conditions, including FDA marketing authorization and qualifying application-review status.
The ATC's initial notices stated that the product determinations were based on publicly available information and could be updated if a manufacturer provided information demonstrating compliance with Indiana law.
The subsequent revisions for MR FOG and Lost Mary show that product-level regulatory status can change when the agency receives information sufficient to alter its determination.
Expert: Filings May Include E-Liquid Origin and U.S. Supply-Chain Documentation
The ATC has not published the complete documentation associated with all products later cleared for sale.
The September 24 Lost Mary notice expressly stated that the agency had received evidence of compliance for 20 additional products. The September 22 MR FOG notice confirmed that 257 products were lawful for sale but did not disclose the basis for the change.
2Firsts compliance expert Kurt said potential filings could center on two areas: records showing the origin, production and supply chain of e-liquids and key ingredients, and documentation of U.S. FDA Premarket Tobacco Product Application (PMTA) status.
Kurt said Indiana's sourcing provisions could make origin and production records relevant even for vaping products manufactured by Chinese companies, particularly where individual SKUs contain e-liquids, nicotine analogs or other key ingredients produced in the United States.
Commercial nicotine-analog supply chains provide one example.
According to published information from U.S.-based Bonguard Naturals, Nixodine is a formulation containing (S)-6-methylnicotine and nicotinamide, while Nixodine-S uses (S)-6-methylnicotine as its active ingredient.
Bonguard Naturals says the relevant products are blended, bottled and tested in Thousand Oaks, California.
A Nixodine product showcase features the Lost Mary MT 35K Turbo range, while Indiana's September 24 Lost Mary list includes multiple MT35000 Turbo entries.
Public materials do not establish that the MT35000 Turbo products on the ATC list actually use Nixodine or that Nixodine-related documentation formed part of Shenzhen iMiracle Technology Co., Ltd.'s submission to Indiana.
Six-methylnicotine is a nicotine analog chemically distinct from conventional nicotine. Some vaping products using nicotine analogs have been marketed with "0 nicotine" labeling, although such labeling does not necessarily mean that the product contains no other nicotine-like active ingredients.
The reinstated MR FOG list, meanwhile, includes numerous products labeled 50 mg/ml or 5%, spanning several device and pod formats.
Kurt said different SKUs could rely on different records identifying e-liquid production sites, ingredient suppliers and the origin of active ingredients.
FDA Application Status May Form Another Category of Supporting Evidence
Kurt said manufacturers may also have provided documentation concerning PMTAs submitted to the FDA.
Indiana's law provides exceptions tied to specified FDA marketing authorization and application-review conditions, making a product's federal filing history potentially relevant to its treatment under the state's foreign-adversary provisions.
Kurt said the Indiana provisions do not expressly make an FDA acceptance letter the sole document required for every product with an application under review.
Manufacturers may therefore use FDA Submission Tracking Numbers (STNs) and other application records to document filing status.
Tennessee's vapor-product directory system, by comparison, sets out more specific documentation requirements for certain regulatory circumstances, including FDA acceptance letters for qualifying PMTA applications and other records related to marketing authorization or subsequent proceedings involving marketing denial orders.
That difference means manufacturers seeking state-level product listings may need different forms of FDA documentation depending on the jurisdiction.
An FDA Submission Tracking Number does not constitute marketing authorization.
The ATC has not disclosed the specific PMTA records associated with the MR FOG or Lost Mary products later cleared for sale.
FDA Plans PMTA Review as Indiana Moves Toward Year-End Authorized Product List
On September 28, the FDA announced plans to reassess its PMTA regulatory framework and consider new rulemaking to replace the PMTA rule implemented in 2021.
The agency said the review would consider its experience administering the current framework, judicial developments, the market for unauthorized products and the pace of new product introductions.
The existing PMTA process will remain in effect while the FDA considers changes. The agency will continue accepting applications, conducting premarket reviews and issuing decisions under the Tobacco Control Act.
Indiana's state-level system is also moving toward its next phase.
In its September 24 Lost Mary revision, the ATC stated that inclusion on the current list did not constitute formal authorization under Indiana Code 7.1-7-4-1.
After December 31, 2026, the ATC's Authorized E-Liquid Product List will become a key state-level reference for determining which e-liquid products are authorized for sale in Indiana.
For manufacturers, brand operators and distribution channels, the Indiana action places e-liquid and ingredient sourcing records, FDA filing status and state product-list eligibility more directly within the conditions governing market access.
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