Mississippi to Implement E-cigarette Product Catalog System Starting October 1, 2025: Key Requirements and Enforcement Measures outlined in HB916 (2025) Act

Key Points:

Starting from October 1, 2025, the e-cigarette product catalog system will be implemented. 

The requirements state that only e-cigarette products that have obtained FDA market authorization, are undergoing PMTA approval, or have a temporary ban in place will be allowed for sale. 

Annual certification is mandatory, with manufacturers and sellers required to submit product and brand information, FDA approval documents, information of in-state agents by September 1st each year. 

Overseas manufacturers must pay a $25,000 deposit. The state Department of Finance will update the catalog on their official website monthly. 

Products not listed in the catalog are prohibited from being sold. After the catalog is released, retailers/wholesalers have 60 days to clear out non-compliant inventory. If a product is removed from the catalog, there is a 30-day grace period for clearing out inventory.

According to a report by DeSoto County News on August 11th, a new regulation in the state of Mississippi will go into effect on October 1st. Under House Bill 916, the Mississippi Department of Revenue will release a catalogue of e-cigarette products on October 1st. This includes nicotine e-cigarettes, e-cigarette liquid, and related devices that have been authorized for market by the FDA, as well as products that are currently undergoing review through the Pre-Market Tobacco Product Application (PMTA) process, and products that have had their bans postponed or overturned.

Mississippi House Bill 916 (2025) outlines the following provisions:

Title: Mississippi State Cigarette and E-cigarette (ENDS) Sales Regulation Bill

Effective Date: July 1, 2025 (with the directory portion to be implemented from October 1, 2025)

1. Applicable tobacco products: 

This includes traditional cigarettes and loose tobacco for rolling cigarettes.

Electronic cigarettes (ENDS): Electronic cigarette devices, e-liquid, pods, disposable e-cigarettes, etc. (excluding products defined as drugs or medical devices by the FDA).

Covering manufacturers, importers, distributors, wholesalers, and retailers.

2. Core Mechanism 

1: Annual Certification System

Submit annual certification form before September 1 each year. The form should include:

All brand families, product names, categories, and flavors.

FDA approved documents (Marketing Granted Order) or proof of compliance with legal requirements.

State registered agent information.

All materials required by the Commissioner of Revenue in all other states.

Overseas manufacturers must:

Allow importers to also have in-state representatives.

Submit a $25,000 surety bond as performance guarantee.

2.The State Directory 

separates the maintenance of the cigarette directory and the e-cigarette directory.

Starting from October 1, 2025:

The official website of the state's Department of Finance updates its directory monthly, listing certified manufacturers and all of their approved products for sale. Any products not listed in the directory are not permitted for sale.

3.Product removal and clear inventory deadline

E-cigarette products:

After the initial release of the directory, retailers and wholesalers have 60 days to clear their inventory.

After being removed, retailers have 30 days to clear out inventory.

Overdue inventory may be confiscated or destroyed (cost borne by the holder).

3.Enforcement and inspection

Annual Inspection: Retailers, wholesalers, and distributors are required to undergo at least 2 unannounced compliance inspections every year.

Violating Rechecking: Rechecking within 30 days of violation discovery.

The inspection results are released once a year and are available to the public.

The Attorney General's office has the authority to conduct random inspections.

4.penalties/rules

Penalties for violations of cigarette regulations

Retailers/wholesalers/importers:

First offense: ≤ $500 per day per product

Second offense (within 12 months): $750 to $1,000 per day per product.

Third Violation (within 12 months): $1,000–$1,500 per day per product

Manufacturer:

$10,000 per day per product

ENDS Violation Penalties

Retailers / Wholesalers / Importers

First Violation: ≤ $500 per day per product

Second Violation (within 12 months): $750–$1,000 per day per product

Third Violation (within 12 months): $1,000–$1,500 per day per product

Manufacturer:

$2,500 per day per product

If the product contains a controlled substance (e.g., fentanyl) and causes the user to require medical attention → penalty is tripled, plus penalties under drug laws.

5. Special Provisions

False statements by a manufacturer → criminal offense (misdemeanor).

Repeat violations constitute a Deceptive Trade Practice.

The State Department of Revenue may use all fees & penalties collected for the enforcement of this Act.