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Effective and Compliance Dates Applicable to Retailers, Manufacturers, Importers, and Distributors of Deemed Tobacco Products

Effective and Compliance Dates Applicable to Retailers, Manufacturers, Importers, and Distributors of Deemed Tobacco Products

Quick Facts

  • Retailers that mix and prepare e-liquids or create or modify vaporizers may be regulated as both retailers and manufacturers.
  • Importers of tobacco products must ensure that the tobacco products they import are in compliance with the law.
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The Tobacco Control Act gave FDA immediate authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. On May 10, 2016, FDA issued a final rule extending its tobacco product authority to all tobacco products (except for accessories of deemed tobacco products), including electronic nicotine delivery systems (ENDS) – such as e-cigarettes and vape pens – all cigars, hookah (waterpipe) tobacco, pipe tobacco, nicotine gels, and certain dissolvables.

In the effective and compliance dates chart, we have identified the primary party for complying with the requirements. However, we note that failure to comply with these requirements may render a tobacco product adulterated, misbranded, or both, and it is unlawful for any entity to sell or distribute an adulterated and/or misbranded product in interstate commerce.

Compliance Date Updates: