S.Amdt. 3260

This amendment, submitted by Mr. Tuberville, aims to add a new section called Combating Illicit Tobacco Products to bill S. 2296. Its purpose is to stop military exchanges and commissaries from selling certain nicotine products unless the manufacturers can prove they are legal.

Specifically, the amendment adds the following requirements:

• Manufacturer Certification: Manufacturers of oral nicotine products and ENDS products (electronic nicotine delivery systems) must provide a certification form under penalty of perjury. This form must prove the product has a marketing granted order or a timely filed premarket tobacco product application that is either under review or has a stayed/rescinded/vacated denial order.

• Compliance and Removal: Manufacturers must submit these certifications every year. If they fail to do so, or if they provide false information or incomplete certifications, their products will be removed from sale. Products removed from the directory for these reasons are subject to seizure, forfeiture, and destruction after 30 days.

• Military Resale Entity Responsibilities: The Defense Commissary Agency, the Army and Air Force Exchange Service, the Navy Exchange Service Command, and the Marine Corps Exchange must:

  • Create and publish the required certification forms.
  • Maintain a public directory of approved manufacturers and their specific products, brands, and flavors.
  • Update this directory at least once a month.

• Manufacturer Obligations: Manufacturers must notify the military resale entity within 30 days of any material changes to their certification, such as the issuance or denial of a marketing authorization.