Due to the deeming regulations, e-cigarettes are included within the category of tobacco products at the federal level in the US, so federal law applies.
A premarket tobacco product application (PMTA) must be submitted to the US Food and Drug Administration (FDA) for each e-cigarette product.
There has been increased regulatory and policy pressure at the federal level, specifically about the PMTA process, which was considered to be slow and allowed illegal products to stay in the market unregulated.
There have been a huge number of PMTA denials, and it is not likely for any flavoured vape product to receive a marketing granted order (MGO).
This report provides analysis of the current regulatory regime for e-cigarettes in the US, covering all aspects from labelling and product restrictions, to retail and advertising regulations.