Frequently Asked Questions About Attorney General Stephen Cox’s Letter to Tobacco Retailers

In early March 2026, the Alaska Department of Law sent an informational letter to put Alaska businesses on notice of the legal status of e-cigarette and nicotine products. The letter was intended to provide clarity to Alaska businesses in light of widespread confusion about which products may lawfully be sold. The Department’s goal is to secure voluntary compliance from the tobacco retailers and distributors who sell to Alaskans.

The Department is most concerned about the sale of illegal products made by foreign companies that have not applied for premarket authorization from the FDA. Moreover, many of these foreign products—often made in China—are marketed with bright colors, candy flavors, or video-game features designed to attract young users, again while bypassing the FDA’s regulatory process. The Department will not look favorably upon retailers and distributors who, after receiving the Department’s informational letter, continue to purchase such illegal products and sell new inventory.

This FAQ addresses questions that the Department of Law has received since the letter went out.

Are my products allowed to be sold?

As of December 29, 2025, the FDA has authorized 41 e-cigarettes. The e-cigarettes on this list are the only e-cigarette products that currently may be lawfully sold in the U.S.

As of December 19, 2025, the FDA has authorized 26 nicotine pouches. These are the only nicotine pouches that may be lawfully sold in the U.S.

If you have additional questions, you may reach out to the FDA’s Office of Small Business Assistance, which provides technical and other non-financial assistance to small tobacco product businesses. They can be contacted as follows:

FDA/CTP Office of Compliance and Enforcement
Email: SmallBiz.Tobacco@fda.hhs.gov
Phone: 1-877-287-1373 (Monday-Friday, 9:00 a.m. – 4:00 p.m. EST)

What about tobacco products that submitted Premarket Tobacco Product Applications to the FDA but have not yet received a decision?

Under federal law, tobacco products may not be sold in the United States unless the FDA has issued a marketing authorization order.

When the new generation of electronic nicotine delivery systems were deemed to be within the authority of FDA in 2016, FDA issued guidance stating that it would exercise its enforcement discretion to prioritize action against products that had not applied for marketing authorization, but that guidance expired in 2021, and it has not been renewed.

We are aware that some representatives of the tobacco industry believe that FDA still exercises “enforcement discretion” and focuses on products that have not applied for premarket authorization because the agency is unable, as a practical matter, to take enforcement action against every illegally marketed tobacco product.

But Alaskan retailers and distributors should know that any product that does not have premarket authorization has not undergone federal scientific review. This process is critical to ensure that Alaskans have access to accurate information about the adverse health effects of the products they buy.

Are all products sold by manufacturers/distributors legal for sale?

No. Just because a nicotine product was purchased from a manufacturer or distributor does not mean that the product is legal for sale.

We encourage retailers and distributors to discuss with manufacturers the current status of any particular product’s application or any product’s marketing authorization. Putting aside the question of FDA’s enforcement discretion, Alaskan businesses should take note that a pending application does not create a statutory or regulatory safe harbor to sell that product.

What are the penalties for violations under federal and state law?

The FDA has primary enforcement authority. Please visit the FDA’s website for information about enforcement actions and penalties for unauthorized tobacco products.

The sale of unauthorized nicotine products may also violate the Unfair Trade Practices Act, AS 45.50.471 et seq. Civil penalties range from $1000 to $25,000 per violation. AS 45.50.551.

Is there a deadline to remove unauthorized tobacco products from the shelves?

Failure to promptly and adequately correct all violations and ensure compliance with all applicable laws and regulations may risk FDA enforcement action at any time.

The FDA has authority and regularly inspects and investigates domestic establishments, including vape shops, that manufacture, process, sell or distribute tobacco products to determine compliance with applicable provisions of the law, including premarket authorization requirements. In 2025, the FDA seized millions of illicit nicotine products from retailers and distributors around the country. Many of these seizures involved products imported from overseas manufacturers that had never submitted applications to the FDA.

The Department of Law also regularly inspects and investigates Alaska retail establishments to determine compliance with all applicable federal and state laws and regulations. At this time, the Department is focused on bringing more clarity through education and is seeking voluntary compliance over a reasonable timeframe.

Several Alaska retailers have already contacted the Department after receiving the letter to confirm which products are authorized and to remove unauthorized products from their shelves. Many expressed appreciation for the guidance and welcomed the effort to clarify which products may lawfully be sold.

How should I dispose of unauthorized tobacco products?

E-cigarettes contain lithium batteries that can catch fire when damaged, making them hazardous waste.

E-cigarettes and nicotine pouches contain nicotine, which is toxic. Liquid nicotine can easily be absorbed by the skin, potentially causing nicotine poisoning with symptoms that include nausea and vomiting, difficulty breathing, seizures, or death. Nicotine can also harm fish and other aquatic organisms if it leaches into Alaskan waterways.

Individuals should refer to the following resources to safely dispose of nicotine products:

Schools and small businesses should refer to the following links: