Emergency Rule filed September 29, 2023 – Click here for copy (See attached file to link – Emergency Rule)

Pursuant to Act 414 of the 2023 Regular Legislative Session, beginning October 1, 2023, every manufacturer of vapor or alternative nicotine products and electronic cigarettes whose products are sold into Louisiana, whether directly or through a wholesale dealer, retail dealer, or similar intermediary or intermediaries, shall execute the certification form and submit it to the ATC with applicable fees and documentation. The initial certification is available in paper and online form. All products properly certified will be posted on ATC’s website beginning November 1, 2023, and updated on the 1st of each month thereafter. Periodic changes or updates may occur. The VAPE Directory will be established and maintained by ATC and will list all certified manufacturers and certified products. NO PRODUCTS may be offer for sale in the State of Louisiana unless the product is listed on the directory and the product meets all other requirements pursuant to law.

Products listed on the directory are based upon the manufacturer’s certification with the ATC and data provided or obtained by the Food and Drug Administration (FDA) and are subject to change. For additional information, visit FDA’s website at https://www.fda.gov/tobacco-products.

To be listed on the VAPE Directory, products must meet one of the following:

1. Products must be on the U.S. market as of August 8, 2016  and the manufacturer must have applied for a premarket tobacco order (“PMTA”) prior to September 9, 2020 pursuant to federal law and the PMTA remains under review by the FDA; or

2. Any vapor products or alternative nicotine products on the U.S. market that the FDA has issued a “no marketing order”, but the agency or federal court has issued a stay order or injunction during the pendency of the manufacturer’s appeal or the order has been appealed and remains pending; or

3. The manufacturer has received a marketing order or other authorization under federal law for the vapor or alternative nicotine product from FDA; or

4. Notwithstanding R.S. 26:926A, commissioner may approve a vape or alternative nicotine product without PMTA if a manufacturer can demonstrate to commissioner that the FDA has issued a rule, guidance, or any other formal statement that temporarily exempts product from federal premarket tobacco application requirements and provide sufficient evidence that the product is compliant with federal rule, guidance, or other formal statements.

For additional information, see VAPE Certification and Directory Information Page. 

Emergency Rule filed September 29, 2023 – Click here for copy (See attached file to link – Emergency Rule)