474 Additional Guidance

474.1 Interpretative Guidance

Definitions in 471(a-e) and the exclusion in 474.2 align with section 1 of the Jenkins Act (15 U.S.C. § 375), which is administered by the ATF. Requests for interpretative guidance regarding these provisions may be directed to the ATF at the following address, with a copy to the PCSC (refer to 213 for contact information):

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(e) (15 U.S.C. § 375[7][C]) if it is approved by the FDA for sale as a tobacco-cessation product or other therapeutic purpose and is marketed and sold solely for such purposes.

Parties seeking to mail a product under this exclusion should submit appropriate documentation to ATF at the address provided in 474.1, with a copy to the PCSC (refer to 213 for contact information).