The Food and Drug Administration (FDA) has deemed that certain “Red List” tobacco products can be detained without physical examination at U.S. borders in a new import alert. The items on the Red List are those that do not have marketing authorization.
Companies can remove their products from the list if they can provide information to the agency that “adequately demonstrates that the firm has resolved the conditions that gave rise to the appearance of the violation.”
The products listed cover companies from China, South Korea and the U.S., with popular brands Elf Bar and Esco Bar included. The types of products on the list are electronic nicotine delivery systems (ENDS) and their components, including:
- Vape pens
- E-cigarettes
- ENDS cartridges
- E-liquid
“The purpose of this is so that the agency will have confidence that future shipments/entries will be in compliance with the Federal Food Drug and Cosmetic Act (FD&C Act),” the alert stated.
The FD&C Act requires new tobacco product review before said products enter the market.
A list of the products subject to detention can be found here.