Indiana regulators have allowed hundreds of MR FOG and Lost Mary vaping products back onto store shelves after ordering retailers to remove them under a new law restricting e-liquids and vaping products sourced from designated foreign-adversary countries.
But the reversal is limited. Elf Bar, iJOY, LIO, and other products named in the state's enforcement notices remain barred unless state officials issue further changes. The episode shows how quickly a product can go from prohibited to permitted under Indiana's new system without receiving federal marketing authorization.
The Indiana Alcohol and Tobacco Commission (ATC) began its crackdown on Sept. 9, when it directed tobacco certificate holders to remove iJOY and LIO products manufactured by Shenzhen iJOY Technology Co., Ltd. Products covered included iJOY Bar, several XP models, and LIO devices. Retailers were told the products could be seized by Indiana State Excise Police.
On Sept. 14, the agency issued another removal notice covering Shenzhen iMiracle Technology Co., Ltd., maker of products marketed as Elf Bar, Lost Mary, and Heaven Gifts. A separate order covered MR FOG products associated with Dongguan HT Technology Co., Ltd.
Then the commission reversed course on part of the ban. Its Sept. 22 revised MR FOG notice identified 257 products that retailers could sell, including entries from the SWITCH and NOVA ranges. Other MR FOG products remained prohibited.
Lost Mary followed. After initially clearing 57 product entries, the ATC said it received evidence of compliance for 20 additional products. Its Sept. 24 notice lists 77 entries from the VIZ, MT35000 Turbo, and NERA ranges. Eleven entries repeat product names listed earlier, so the combined 334 MR FOG and Lost Mary entries should not be mistaken for 334 distinct products.
The restrictions stem from Senate Enrolled Act 185, whose relevant provisions took effect July 1. The law targets certain e-liquids, ingredients, and filled vaping products manufactured by or sourced from countries designated as foreign adversaries, including China. It expressly excludes vaping-device hardware from the definition and makes exceptions for certain products with Food and Drug Administration (FDA) authorization or qualifying pending applications.
Exactly what evidence led Indiana to clear the MR FOG products has not been publicly specified. The Lost Mary notice confirms that compliance evidence was received, but does not identify the supporting documents. State clearance under this law also does not mean the FDA has authorized a product for sale nationwide.
Meanwhile, the FDA is considering changes to its premarket tobacco product application (PMTA) rules. The agency said Sept. 28 that it would continue reviewing applications and issuing decisions under existing law while evaluating a replacement regulatory framework.
Indiana's latest Lost Mary notice also warns that its temporary list is not formal authorization under the state's separate product-directory provision. After Dec. 31, the ATC says its Authorized E-Liquid Product List will determine which products are authorized for sale in Indiana. The reprieve for some products may not be the last regulatory hurdle.
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