In October 2021, NACS and five other retail associations sent a letter to the FDA asking the agency to release the names of the vaping products on which it has ...
The National Retail Association has asked the U.S. Food and Drug Administration to provide them with a list of legally marketed vaping products, NACS reported.
In October 2021, NACS and five other retail associations sent a letter to the FDA asking the agency to release the names of the vaping products on which it has taken action. In their letters to the FDA, the associations expressed the critical nature of this list for their retail members, who need to know which products are legal to sell and which are not.
The FDA formally responded in January 2022, saying it understood the retail group's request for specific product names, and that the agency was working to update the list and take final action on individual products, including those that received Marketing Denial Orders (MDOs).
"Given the number of products involved, sharing this information requires additional time and resources so that the agency does not disclose confidential commercial information (CCI) about products that are not yet on the market," the agency said.
In a recent letter to the FDA, the associations said they understand the daunting task of reviewing millions of applications. However, there is still widespread confusion in the market about which products can remain on the shelves and which need to be removed.
“While Director Zeller encourages retailers to contact manufacturers with any issues with products they stock, this is not an adequate or fair solution. It places the burden on retailers to verify the marketing status of vaping products with manufacturers. Our Many members are small operators who do not have the resources or bandwidth to contact manufacturers," the association wrote.
“Additionally, the manufacturers who provided the listings cannot guarantee the accuracy, nor can they guarantee that the agency has provided verified listings. If these retailers do not comply with the law, they will face enforcement, and the only way to ensure that they comply is if they There is a verified list from the agency."
The renewed support for a list of legal products came after the FDA issued warning letters to 30 retailers, including a distributor, warning them of illegal sales of unauthorized Puff Bar and Hyde disposable vaping products. The FDA typically issues warning letters to manufacturers, but retailers are now facing increased scrutiny.
FDA Commissioner Robert Califf said cracking down on the single-use products most commonly used by young people is a top priority for the regulator. “We are committed to holding all players in the supply chain — not just manufacturers, but retailers and distributors — accountable to the law,” he said.
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