The Tobacco Permit will authorize the sale of tobacco, tobacco products, non-vapor based alternative nicotine and e-liquid, electronic nicotine delivery systems, and vapor-based alternative nicotine products that have received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i). This means that the product (i) has received an FDA marketing order; (ii) has received an FDA marketing denial order that has been stayed, rescinded, or vacated by a court order or by the FDA itself; or (iii) is subject to a premarket tobacco application that was timely filed and remains under review by FDA; and (iv) is listed on the ENDS Directory maintained by the Department of Revenue pursuant to Section 28-11-17.1.”
