On January 3, 2025, the Food and Drug Administration announced the update of two import alerts, 98-07 (Detention Without Physical Examination of Electronic Nicotine Delivery Systems (ENDS) Lacking Premarket Authorization) and 98-06 (Detention Without Physical Examination of New Tobacco Products, Other Than ENDS, Without Required Marketing Authorization). These updates separate imported e-cigarette products from all other tobacco products and provide clearer instructions to FDA staff in the field, as well as our federal partners and the wider trade community – including importers, customs brokers, filers, and others.

The updates to Import Alert 98-07 reinforce that any unauthorized e-cigarette product imported into the United States may be subject to detention without physical examination and refused admission by FDA. This has always been and continues to be FDA’s policy; however, the updates will help to provide further clarity to those impacted by the alert and those responsible for implementing it.

FDA also updated Import Alert 98-06 to focus on imported tobacco products other than e-cigarettes. 

The full announcement can be viewed here: FDA Updates Import Alerts to Reinforce that All Unauthorized E-Cigarettes May Be Detained Without Physical Examination | FDA

For general import questions, please reach out to: FDAImportsInquiry@fda.hhs.gov