NATSO Urges Center for Tobacco Products to Publish Marketing Denial Order List


NATSO on Sept. 10 along with a group of national retail associations urged the Center for Tobacco Products (CTP) to publish a public list of electronic nicotine delivery system (ENDS) products for which the Agency has issued marketing denial orders (MDOs). Without this list, NATSO members seeking to comply with the law do not know which products must be removed from shelves.

Since August, the FDA has issued 168 MDOs for more than 992,000 flavored ENDS products.

In a letter to Janet Woodcock, Acting Commissioner of Food and Drugs at the U.S. Food & Drug Administration and Mitchell Zeller, Director of the Center for Tobacco Products, NATSO said that its members who sell ENDS products take the responsibility of compliance and operating in accordance with the law seriously and that publicly available information noting the status of individual products is the only way retailers can ensure compliance.

Last August, NATSO sent a letter asking CTP to publish a list of products for which PMTAs had been submitted to know which products could legally be sold in stores during the FDA’s review process. In May, CTP published this list providing needed clarity for retailers, distributors and wholesalers.

As the Agency takes action on PMTAs, it is imperative that there is continued transparency in the process and that stakeholders across the tobacco trade know all of the products that have had PMTAs rejected as well as all of the products that have had marketing orders granted. 

NATSO was joined in signing the letter by the Energy Marketers of America; FMI, The Food Industry Association; National Association of Convenience Stores; and SIGMA.

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