FDA Authorizes Customs to Detain Certain ‘Red Listed’ E-Cigarettes

Unauthorized products from China, Korea, U.S. subject to seizure
customs border protection
Logo/Customs and Border Protection

The U.S. Food and Drug Administration (FDA) has issued an import alert authorizing U.S. Customs and Border Protection (CBP) to detain certain disposable electronic cigarettes that do not have the required marketing authorization and are, therefore, “adulterated” and illegal under the Federal Food, Drug and Cosmetic Act.

E-cigarette brands from more than 20 companies in China and Korea, as well as the United States, on the “Red List” include Elf Bar, Esco Bar and Eon Smoke.

“Divisions may detain, without physical examination, the tobacco products identified on the Red List of this Import Alert. If the division is not sure whether a tobacco product is the same product as one identified on the Red List, the division should consult with the Center for Tobacco Products (CTP). CTP concurrence is required to add a product to the Red List,” the FDA alert reads.

The Federal Food, Drug and Cosmetic Act requires premarket review for any “new tobacco product,” which means any tobacco product that was not commercially marketed in the United States as of Feb. 15, 2007, or any modification of a tobacco product where the modified product was commercially marketed in the United States after Feb. 15, 2007, the FDA said.

In February, Winston-Salem, North Carolina-based tobacco company Reynolds American Inc. asked the FDA to adopt a new enforcement policy directed at illegally marketed disposable electronic nicotine delivery system (ENDS) products, calling out companies that market to youth.

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