All Unauthorized E-Cigarettes May Be Detained Without Physical Examination
The U.S. Food and Drug Administration (FDA) has announced updates to two import alerts, 98-07 and 98-06, on January 3, 2025. These revisions aim to separate imported e-cigarette products from other tobacco products and provide more precise instructions to FDA staff, federal partners, and the trade community, including importers, customs brokers, and filers.
The updates to Import Alert 98-07 emphasize that any unauthorized e-cigarette product imported into the United States may be subject to detention without physical examination and refused admission by the FDA. While this policy remains unchanged, the updates offer increased clarity to those affected by the alert and those responsible for its implementation. The revised alert includes links to FDA’s Searchable Tobacco Products Database and a downloadable list of authorized e-cigarette products eligible for legal importation.
Import Alert 98-06 has been updated to focus on imported tobacco products other than e-cigarettes, such as smokeless tobacco and nicotine pouches, including recent additions like NOIS, LYFT, and SKRUF brand pouches. These products may also be detained by import officials without physical examination and refused admission by the FDA.
In addition to import alerts, the FDA continues to collaborate with federal partners to address misdeclared products. In October 2024, the FDA and U.S. Customs and Border Protection successfully completed a joint operation, resulting in the administrative seizure of approximately three million units of misdeclared, unauthorized e-cigarette products with an estimated retail value of $76 million. This action demonstrates the increased cooperation facilitated by the federal multi-agency task force to curb the distribution and sale of illegal e-cigarettes.
The updated import alerts reflect the FDA’s ongoing efforts to prevent unauthorized products from entering the U.S. market and protect public health by enforcing the requirement that all new tobacco products, including e-cigarettes, must have FDA authorization to be legally marketed in the United States.
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