In May 2023, the US FDA issued import alerts on multiple vape products and said any that do not have marketing authorisation will be detained at the border. This report looks at the process, implications and disagreements related to these import bans.
IMiracle, the manufacturer of Elf Bar and EBDesign e-cigarettes, has called on the FDA to reverse the import ban on its products and for coherent, clear and depoliticised regulation of the US vaping market.
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Table of contents
- Executive summary
- What is an import alert?
- How does the FDA verify that the product is subject to DWPE?
- Types of import alerts
- Disagreement with the import ban
- Removal from the red list
- What is an import refusal?
Our research is completely independent and original. It is conducted by ECigIntelligence’s multilingual legal analysis team, all specialists in this sector, and goes through a rigorous review and editing process before publication. Research draws on multiple sources, including: online and offline resources and data, specialist legal software, our own extensive databases and report archives, interviews with key stakeholders and government officials, and collaboration with local legal firms and on-the-ground professionals in the jurisdictions covered.