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CDA Urges Payment Networks to Align ENDS Policies with FDA Guidance

CDA recently joined NACS, NATO and EMA in sending a letter to Mastercard regarding its recent enforcement actions against retailers selling certain Electronic Nicotine Delivery System (ENDS) products. In recent months, Mastercard has issued substantial fines to some retailers for selling ENDS products that are not among the FDA's currently authorized products, even though many of those products are covered by pending premarket tobacco applications (PMTAs) and fall under the FDA's current enforcement discretion policy. The group urged Mastercard to revise its policy on ENDS sales to clarify that products marketed in accordance with the FDA's May 8, 2026, enforcement guidance - and in compliance with all applicable federal, state and local requirements - may continue to be sold while the FDA completes its review of the pending PMTAs. In addition, the group sent a letter to Global Payments Inc. regarding its recent communication directing merchants to review vape/ENDS-related products and remove unapproved ENDS products. CDA will continue advocating for practical, consistent regulatory policies on behalf of our members and will provide updates as this issue develops.