474 Additional Guidance

474.1 Interpretative Guidance

The definitions in 471.1 through 471.5 and the exclusion in 474.2 are in accordance with section 1 of the Jenkins Act (15 U.S.C. § 375), which is administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Interpretative guidance regarding these provisions may be requested by contacting ATF at the following address, with a copy to the PCSC (see 213 for address):

Bureau of Alcohol, Tobacco, Firearms and Explosives
99 New York Avenue NE
c/o 90 K St. NE, Ste. 250
Washington, DC 20226

474.2 Exclusion of Products Approved for Tobacco Cessation or Therapeutic Purposes

A product is excluded from the definition of ENDS in 471.5 (15 U.S.C. § 375(7)(C)) if:

1. It is approved by the Food and Drug Administration for sale as a tobacco-cessation product or any other therapeutic purpose; and
2. Is marketed and sold solely for such purposes.

Any party who believes that a product to be sent through the mail qualifies for this exclusion should provide appropriate documentation to ATF at the address in 474.1, with a copy to the PCSC.