According to reports, the Retail Association has requested the US Food and Drug Administration to provide them with a list of legally available e-cigarettes and vape products.

In October 2021, NACS and five other retail associations wrote to the FDA requesting that the agency disclose the names of steam products that have taken action. In their letter to the FDA, these associations expressed the key nature of this list for their retail members, who need to know which products are legally sold and which are not.

The FDA officially responded in January 2022, expressing its understanding of retail groups' requirements for specific product names, and the agency is working to update the list and take final action on individual products, including those that have received marketing refusal orders (MDOs)

Given the large number of products involved, sharing this information requires additional time and resources so that the institution will not disclose confidential commercial information (CCI) related to products that have not yet been listed, "the institution said.

In a recent letter to the FDA, these associations stated that they "understand the daunting task of reviewing millions of applications. However, there is still widespread confusion in the market regarding which products can be left on shelves and which products need to be removed from shelves

Although Zeller executives encourage retailers to contact manufacturers regarding any issues with their inventory products, this is not a sufficient or fair solution. It places a burden on retailers to verify the marketing status of ENDS and vape products with manufacturers. Many of our members are small operators who do not have the resources or bandwidth to contact manufacturers, "the association wrote.

In addition, the manufacturer providing the list cannot guarantee accuracy or the verified list provided by the organization. If these retailers do not comply with the law, they will face enforcement, and the only way to ensure their compliance with the law is if they have a verified list from the organization

After the FDA issued warning letters to 30 retailers, including a distributor, warning them of illegal sales of unauthorized Puff Bar and Hyde disposable e-cigarette products, it once again supported a list of legitimate products. The FDA usually issues warning letters to manufacturers, but now retailers are facing stricter scrutiny.

FDA Commissioner Robert California stated that cracking down on the most commonly used disposable products among young people is the top priority for the regulatory agency. We are committed to making all participants in the supply chain - not only manufacturers, but also retailers and distributors - legally accountable, "he said.