U.S. vaping retailers ask FDA for list of legally marketed vaping products

Today’s news, June 3: according to NACS, the U.S. retail association has asked the U.S. Food and Drug Administration to provide a list of legally marketed vaping products.

In October 2021, NACS and five other retail associations sent a letter to the FDA requesting that the agency disclose the names of vapor products on which it had taken action. In their letter, the associations emphasized how critical such a list would be for their retail members, who need to know which products may be legally sold and which may not.

In January 2022, the FDA formally responded, saying it understood the retail groups’ request for specific product names and that the agency was working to update the list with final actions taken on individual products, including those that had received marketing denial orders (MDOs).

“Given the large number of products involved, sharing this information requires additional time and resources so that the agency does not disclose confidential commercial information (CCI) related to products that are not yet on the market,” the agency said.

In a recent letter to the FDA, the associations said they understand the enormous task of reviewing millions of applications. However, there remains widespread confusion in the market over which products can stay on store shelves and which must be removed.

“Although Director Zeller encouraged retailers to contact manufacturers with any questions about the products in their inventory, this is neither a sufficient nor fair solution. It places the burden on retailers to verify the marketing status of vaping products with manufacturers. Many of our members are small operators and do not have the resources or bandwidth to contact manufacturers,” the associations wrote.

 “In addition, lists provided by manufacturers cannot guarantee accuracy and cannot substitute for a verified list from the agency. If these retailers fail to comply with the law, they will face enforcement, and the only way to ensure compliance is to have a verified list from the agency.”

Support for a legal product list was renewed after the FDA sent warning letters to 30 retailers, including one distributor, for illegally selling unauthorized PUFF Bar and Hyde disposable vaping products. The FDA typically sends warning letters to manufacturers, but retailers are now facing stricter scrutiny.

FDA Commissioner Robert Califf said cracking down on disposable products most commonly used by young people is the regulator’s top priority. “We are committed to holding everyone in the supply chain accountable under the law—not just manufacturers, but also retailers and distributors,” he said.