dragonpuff inquired:
Now, if they are blocked for not being SE, does that mean the deeming regs are already being imposed? Or are these products banned only if the regulations become final rule?
The only reason why Star filed SE reports for the 7 Ariva and Stonewall dissolvables was because they all fit the legal definition of "smokeless
tobacco", and because Chapter IX of the FSPTCA currently applies to all cigarettes, RYO and smokeless
tobacco products.
The only other dissolvable
tobacco products that were marketed (i.e. test marketed) in the US market were Reynolds' Orbs, Strips and Stix.
But after conducting several test markets for those products, Reynolds chose to not market them (likely due to low sales and low consumer interest in their test markets).
Interestingly, Reynolds executives told me (several years back) that they were filing SE reports for Orbs, Strips and Stix, and were citing Star's dissolvables as the predicate products (since Star's dissolvables were on the market in 2007, while Reynolds only began test marketing Orbs, Strips and Stix in 2008).
I don't know what ever became of Reynolds SE reports for Orbs, Strips and Stix, but Reynolds could still legally market them unless/until FDA issues a NSE order for them.