Key Points
Pennsylvania and other states use historical PMTA filing requirements, including the September 9, 2020 deadline, as a criterion for certain products.
Four CrossBar 20K disposables appeared in Pennsylvania's 163-entry directory, with advertised specifications of 13mL and up to 20,000 puffs.
KUMI appeared in 171 combined entries across Louisiana, Nebraska and Wisconsin, involving Blue Nine LLC and VR Products I LLC.
Louisiana classified 60 KUMI and CROSSBAR SIX entries as FDA EXEMPTION, while 14 related CrossBar and KUMI entries were listed as under FDA review.
A PMTA compliance expert identified two potential routes into state directories: amendments to historical PMTA applications and FDA exemption classifications for nicotine-analogue products.
2Firsts
October 26, 2026
Several U.S. states have adopted electronic cigarette product directories that make historical premarket tobacco product application (PMTA) filings a key eligibility criterion for certain vaping products, placing particular importance on the September 9, 2020 deadline.
Under the FDA's historical compliance framework, certain electronic cigarette products marketed in the United States as of August 8, 2016, were required to have premarket applications submitted by September 9, 2020, to qualify for the relevant review and enforcement arrangements. Pennsylvania and Louisiana are among the states that incorporated this deadline into parts of their directory certification systems.
The historical filing requirement has become a significant obstacle for some newer high-capacity disposable vapes seeking entry into state directories.
Pennsylvania began enforcing its electronic nicotine delivery system directory restrictions on October 19, 2026. Among 163 listed products, four CrossBar 20K disposables stood out with a 13mL e-liquid capacity and advertised puff counts of up to 20,000.
A subsequent review of multiple state directories identified KUMI and CROSSBAR SIX registrations involving businesses associated with CrossBar. In Louisiana, the products appeared under both FDA under-review and FDA exemption classifications.
CrossBar Appears Across State Directories as Historical PMTA Rules Shape Eligibility
State records reviewed by 2Firsts show newer 13mL CrossBar products listed in Pennsylvania, North Carolina, Virginia, Mississippi, Alabama and Louisiana, with related CrossBar registrations also appearing in Nebraska.
Four variants — Butterscotch Tobacco, Raspberry Wafer Tobacco, Blue Razz Ice Menthol and Miami Mint Menthol — carry UPCs 850071163377, 850071163391, 850071163414 and 850071163438, respectively.
North Carolina added the four Blue Nine LLC CrossBar listings on May 1, 2025. Matching UPCs were also identified in Pennsylvania, Virginia and Mississippi.
Louisiana's directory contains both historical CrossBar entries and newer CrossBar ENDS products. Four CrossBar ENDS variants added in June 2026 were classified as UNDER REVIEW BY FDA.
Pennsylvania's requirements for the historical PMTA eligibility category include U.S. marketing as of August 8, 2016, an application submitted by September 9, 2020, and FDA acceptance for filing.
Louisiana also recognizes historical PMTA submissions in its directory rules, alongside other eligibility categories.
Blue Nine Registers KUMI and CROSSBAR SIX Under FDA Exemption
An examination of Louisiana's October 2026 directory identified 64 entries under Blue Nine LLC: 56 KUMI SIX products, four CROSSBAR SIX products and four CrossBar ENDS products.
All 56 KUMI SIX entries and four CROSSBAR SIX entries were classified as FDA EXEMPTION. The four CrossBar ENDS products appeared under the FDA under-review category.
Another 10 KUMI SCENIC entries registered under VR Products I LLC were also classified as under FDA review.
| Registration entity | Product family | Entries | FDA directory status |
|---|---|---|---|
| Blue Nine LLC | KUMI SIX | 12 | FDA EXEMPTION |
| Blue Nine LLC | KUMI SIX KURVE | 10 | FDA EXEMPTION |
| Blue Nine LLC | KUMI SIX SCENIC | 20 | FDA EXEMPTION |
| Blue Nine LLC | KUMI SIX ORO | 14 | FDA EXEMPTION |
| Blue Nine LLC | CROSSBAR SIX | 4 | FDA EXEMPTION |
| Blue Nine LLC | CrossBar ENDS | 4 | UNDER REVIEW BY FDA |
| VR Products I LLC | KUMI SCENIC | 10 | UNDER REVIEW BY FDA |
| Total | 74 |
The four CROSSBAR SIX products have flavor names corresponding to CrossBar ENDS variants, including Butterscotch, Raspberry Wafer, Blue Razz Ice and Miami Mint, but carry different UPCs and FDA directory classifications.
CROSSBAR SIX entered Louisiana's directory in April 2026, followed by the newer CrossBar ENDS entries in June.
Louisiana permits manufacturers to certify products under different FDA application or exemption categories. Blue Nine used the FDA EXEMPTION classification for its KUMI and CROSSBAR SIX products.
KUMI Has 171 Combined Entries Across Louisiana, Nebraska and Wisconsin
KUMI products also appear in the Nebraska and Wisconsin directories.
Across the three states, 2Firsts identified 171 KUMI-related entries involving different product families and registration entities.
| State | KUMI-related entries | Registration entities |
|---|---|---|
| Louisiana | 66 | Blue Nine LLC; VR Products I LLC |
| Nebraska | 64 | VR Products I LLC |
| Wisconsin | 41 | VR PRODUCTS I |
| Total | 171 |
The total includes repeated product registrations across states.
All 64 Nebraska KUMI entries were registered under VR Products I LLC.
A UPC comparison between Louisiana and Nebraska identified 38 product identifiers appearing in both directories. Some of those UPCs were registered under Blue Nine LLC in Louisiana and VR Products I LLC in Nebraska.
Wisconsin's 41 KUMI-related entries included KUMI 6 COMP pod products and KUMI SCENIC and ORO products recorded under the WELL VERSED brand name.
The records establish overlapping product registrations involving the two businesses across several state directories.
KUMI Markets NoNic6 as 6-Methyl Nicotine
KUMI describes its NoNic6 ingredient as chemically distinct from conventional nicotine and identifies it as 6-methylnicotine in its compliance materials.
The compound is a nicotine analogue with a different chemical structure from nicotine. KUMI publicly argues that its products fall outside conventional FDA tobacco product PMTA requirements.
Its product portfolio includes SCENIC, KURVE and ORO devices, with the KURVE series advertised at capacities reaching 28mL.
Louisiana's directory lists KUMI SIX and CROSSBAR SIX under the same FDA EXEMPTION category, while CrossBar ENDS registered by Blue Nine appears under FDA review.
Scott Silverman Links Two Registration Businesses as KUMI Records Trace Back to 2024
Corporate records identify Scott Silverman in connection with both VR Products I LLC and Blue Nine LLC.
VR Products I has operated in the vaping industry for years. A 2021 World Intellectual Property Organization domain dispute decision described the company as operating online vaping retail and wholesale businesses, including VapeRanger and eJuiceDB.
In August 2023, FDA issued a warning letter to VR Products I, doing business as eJuiceDB, concerning unauthorized e-cigarette products offered on its website.
Corporate records identify Scott C. Silverman as a manager of VR Products I and as a member in Blue Nine filings.
The available business and directory records establish the following chronology:
| Date | Corporate or brand event |
|---|---|
| January 2017 | VR Products I LLC registered in New York |
| March 2022 | VR Products I registered the Well Versed assumed name |
| March 2024 | VR Products I registered the Kumi 6 assumed name |
| March 17, 2025 | Romo LLC filed CROSSBAR-related trademark paperwork |
| March 19, 2025 | Blue Nine LLC formed in New York |
| April 2025 | Blue Nine registered CrossBar-related assumed names |
| May 1, 2025 | Four Blue Nine CrossBar products entered North Carolina's directory |
| April 2026 | Blue Nine CROSSBAR SIX products entered Louisiana's directory |
| June 2026 | Newer Blue Nine CrossBar ENDS products entered Louisiana's directory |
Romo LLC appeared in earlier CrossBar product and historical PMTA records. Trademark documents identify Romo in earlier CROSSBAR filings and Blue Nine as a subsequent rights holder.
VR Products I had registered the Kumi 6 business name by March 2024, more than a year before Blue Nine's newer CrossBar products appeared in state directories. By 2026, Blue Nine was also registering KUMI SIX and CROSSBAR SIX products.
PMTA Expert Sees Two Potential Routes Around Historical Filing Restrictions
PMTA compliance expert Mr. K told 2Firsts that state-directory requirements incorporating the September 9, 2020 historical PMTA deadline could restrict market access for newer vaping products.
He outlined two possible approaches companies might use.
The first involves historical PMTA applications.
For CrossBar 20K, Mr. K said a company could potentially acquire or assume assets associated with historical PMTA filings and seek to use amendments to support registration of products with updated specifications.
Such a mechanism could help explain how newer high-capacity products appear in directories that recognize older PMTA filing dates.
The second involves nicotine analogues and exemption classifications.
Mr. K said FDA EXEMPTION could serve, in relevant state-directory registration practices, as a category allowing qualifying products to avoid the September 9, 2020 historical PMTA filing requirement.
Products containing nicotine analogues such as 6-methylnicotine could potentially be registered through this category, he said.
Louisiana's directory shows the two classifications among products involving the related businesses. Four CrossBar ENDS products under Blue Nine were classified as under FDA review, while 56 KUMI SIX and four CROSSBAR SIX entries were listed as FDA EXEMPTION. Another 10 KUMI SCENIC entries under VR Products I were also classified as under FDA review.
The registration patterns correspond to the two approaches described by Mr. K.
As more U.S. states implement vaping product directories, historical PMTA filings, brand assets and nicotine-analogue formulations are becoming increasingly relevant to companies' product portfolios and market-access strategies.
The CrossBar and KUMI records provide a case study of how related vaping businesses register multiple brands and product families under different state-directory classifications.
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