FDA Updates Import Alerts on Unauthorized E-Cigarettes and Other Tobacco Products
The FDA has updated two import alerts that provide guidance on the importation of e-cigarette products and other kinds of tobacco products as part of a broader effort to prevent unauthorized merchandise from entering the U.S.
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The updates to Import Alert 98-07: "Detention Without Physical Examination of Electronic Nicotine Delivery Systems (ENDS) Lacking Premarket Authorization," and Import Alert 98-06: "Detention Without Physical Examination of New Tobacco Products, Other Than ENDS, Without Required Marketing Authorization" enable the FDA to "separate imported e-cigarette products from all other tobacco products and provide clearer instructions to FDA staff in the field, as well as our federal partners and the wider trade community -- including importers, customs brokers, filers, and others," the FDA said Jan. 3.
The FDA says the import alerts enable the agency to detain future shipments of the imported product without having to test or physically examine it. These actions could occur in situations where the FDA suspects that the product violates FDA regulations.
Import Alert 98-07 confirms that any unauthorized e-cigarette product imported into the U.S. may be subject to detention without physical examination and refused admission by FDA. While this policy isn't new at the FDA, the agency "streamlined" the update and added informational links, including the FDA's Searchable Tobacco Products Database and a downloadable list of authorized e-cigarette products. The agency also said that its website provides additional information on FDA situations where the agency may choose not to undertake enforcement actions on unauthorized e-cigarettes.
Import Alert 98-06 focuses on imported tobacco products beyond e-cigarettes that could potentially be detained and refused admission, including unauthorized tobacco products in categories such as smokeless tobacco and nicotine pouches, among others, according to the FDA. New additions to the unauthorized tobacco products lists include the Nois brand from Estonia, and the Lyft and Skruf pouches from Sweden.
CBP also alerted the trade community in a Jan. 6 cargo systems message of the FDA import alert updates.