Sen. Richard Durbin (D-IL) sent a letter on Oct. 16 to the U.S. Food and Drug Administration (FDA) urging the agency to publish a list of electronic nicotine delivery system (ENDS) products for which it has received a premarket tobacco product application (PMTA). Manufacturers of ENDS products were required to submit a PMTA to FDA by Sept. 9, 2020, to remain on the market. Without a publicly available list, retailers – including travel centers – will not know which products are legal for them to sell.
FDA’s Center for Tobacco Policy issued a statement on Aug. 31 indicating the agency plans to publish such a list, but there may be a delay while the agency processes the PMTAs before it is made available.
Sen. Durbin noted in his letter that the deadline had passed more than a month ago, and FDA still has yet to publish a list indicating which products can be sold.
NATSO appreciates Sen. Durbin’s effort to encourage FDA to publish a list of ENDS products for which the agency has received a PMTA and thinks FDA should not conduct enforcement checks until the agency produces such a list.
NATSO in August 2020 joined a letter to FDA urging the agency to publish a list of ENDS products for which it has received a premarket tobacco product application by the Sept. 9, 2020, deadline.
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