Effective July 1, Mississippi will require all cigarette and ENDS manufacturers to provide annual certifications and have their products listed on a state directory in order for their products to be sold in the state. The law, enacted through HB 916, creates separate directories for cigarettes, including roll-your-own (RYO) tobacco, and Electronic Nicotine Delivery Systems (ENDS) products, such as e-cigarettes and vapes.

The law is notable for two reasons.

First, the ENDS directory, which requires manufacturers to certify the status of their premarket tobacco product applications (PMTAs) to be sold in Mississippi, is one of the latest examples of a state legislature trying to curb the growing illicit e-cigarette market. In doing so, Mississippi joins 13 other states that have enacted similar legislation creating ENDS directories.

Second, the cigarette directory is notable because Mississippi was one of the last few states without such a directory, as it was not a signatory to the 1998 Master Settlement Agreement (MSA), following which the state signatories enacted escrow deposit statutes and complementary legislation creating cigarette directories.

The following are key provisions of HB 916:

1. Effective Date: The law goes into effect on July 1, 2025. Implementation will be multi-phased.

• Registration Deadline: Cigarette and ENDS product manufacturers must register their products by September 1, 2025.
• Public Directory: Both cigarette and ENDS directories will be made public on October 1, 2025. Once the directory is published, cigarettes and ENDS not included on the directory may not be sold for retail sale in Mississippi, either directly or through an intermediary.

2. Grace Period: Starting October 1, 2025, cigarette and ENDS product retailers have 60 days to sell or remove unlisted products from their inventory and importers, distributors, and wholesalers have 60 days to remove unlisted products from their inventory.

3. Annual Certification: By September 1 each year, cigarette and ENDS product manufacturers must certify with the Commissioner of Revenue that each of their products for sale in Mississippi complies with certain requirements.

• Cigarette Certification: To be registered on the cigarette directory, manufacturers must provide a certification that includes:
  • A list of all brand families that are sold in the state,
  • Verification that the manufacturer possesses all orders required by FDA for the manufacture and sale of the cigarettes,
  • Verification that the manufacturer is registered to do business in the state or has a registered agent, and
  • Other information and materials requested by the Commissioner of Revenue.
• ENDS Product Certification: Manufacturers must submit a certification for their ENDS products to have them registered on the directory. The certification must include a list of all brands, categories, names, and flavors of each ENDS product to be sold in the state. Manufacturers also must provide information regarding the PMTA status of their products and meet one of the three criteria below:
  • FDA Premarket Authorization: The manufacturer has received a marketing granted order from FDA for the product.
  • Pending PMTA: The manufacturer timely filed a PMTA that remains under review by FDA.
  • Marketing Denial Order: The manufacturer timely filed a PMTA that received a marketing denial order from FDA, but that order has been stayed or vacated by FDA or a court.
• Fee: For ENDS products, there is a $500 fee for each annual certification filed per product. For cigarettes, the annual certification fee will be set by the Commissioner of Revenue.

4. Annual Compliance Checks: Retailers, distributors, and wholesalers selling or distributing cigarettes or ENDS products are subject to at least two unannounced compliance checks each year.

5. Penalties: HB 916 establishes hefty penalties for selling products not listed on the directories, as well as authorizes the seizure, forfeiture, and destruction of such products.

As we have recently seen, the ENDS directory could potentially face preemption issues—an issue that so far has not affected cigarette directories.

If you sell cigarettes, RYO tobacco, or ENDS in Mississippi and have questions regarding compliance with the new requirements, our team would be happy to assist.