06/13/2025
Disposable ban:
Arkansas To***co Control has sent a memo to all permit holders clarifying the disposable ban. We call it a disposable ban because:
1- it does not affect refillable open system v***r products
2- yes, it is a “directory of approved products,” but no disposable currently on the market would be eligible, because none were on the market in 2016 and none have been FDA approved except the handful that are manufactured by the Big To***co companies.
Make no mistake, this is a common tactic by the to***co companies to monopolize the market and s***f out competition. Fortunately, AVAA was able to successfully convince our lawmakers that open systems are already regulated, made in America, and are not the problem in schools.
Below is the text from the memo:
“First, this law only covers closed system, single use disposable v***r products and e-liquid
products containing ni****ne. Any open system, refillable v***r products or e-liquid products
containing a ni****ne solution, sold in a container without a battery or atomizer, designed to be
refillable, and having the container accessible to the consumer may continue to be sold under the
same regulation currently in place.
From this point forward, when referring to “v***r product(s)” or “e-liquid product(s)” we are only
referencing the closed system, single use disposable v***r products and e-liquid products that contain ni****ne.
Beginning September 1, 2025, it will be unlawful to sell any v***r products or e-liquid products
containing ni****ne in Arkansas unless the manufacturer certifies before this date, to ATC on a form to be provided, under penalty of perjury, that the v***r product or e-liquid product has been:
(1) granted a marketing order from the Food and Drug Administration (“FDA”), or (2) the
manufacturer has applied for a marketing order by submitting a premarket to***co application to
the FDA on or before September 9, 2020, for a product on the market in United States as of
August 8, 2016, and either:
(a) the premarket to***co application remains under review by the FDA, or
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(b) the FDA has issued a marketing denial order for the product, but the order has been
stayed by the FDA or a federal court pending an appeal of the marketing denial order.
Additionally, the manufacturer must submit to ATC a copy of the cover page of the following:
(A) Premarket to***co application with evidence of receipt by the FDA,
(B) A document issued by the FDA or by a court confirming that the premarket
to***co application has received a marketing denial order that has been and
remains stayed by the FDA or court order, rescinded by the FDA, or vacated by
a court, or
(C) A marketing granted order issued by the FDA.
