Indiana's vaping regulations have delivered a twist worthy of a courtroom drama: hundreds of MR FOG and Lost Mary product entries that were ordered off store shelves have now been cleared for sale under revised state notices. Some products have made a comeback, but others are still sitting on the wrong side of the regulatory fence.
The Indiana Alcohol and Tobacco Commission (ATC) changed its position after receiving compliance evidence for certain products. The revisions offer some relief for retailers, but they don't amount to a full pardon for either brand. And there's a particularly important detail to keep in mind: being cleared under Indiana's enforcement process does not automatically mean a vape has received federal marketing authorization.
For retailers, manufacturers, and distributors, this is a good example of why keeping up with vaping regulations can feel like trying to assemble furniture with instructions that keep changing.
Indiana Vape Ban: First Came the Removal Notices
Indiana's enforcement campaign got underway on September 9, when the ATC instructed tobacco certificate holders to remove products manufactured by Shenzhen iJOY Technology Co., Ltd. The affected items included iJOY Bar, several XP models, and LIO devices. Retailers were warned that Indiana State Excise Police could seize products covered by the order.
On September 14, the commission expanded its efforts to products associated with Shenzhen iMiracle Technology Co., Ltd., which markets products under names including Elf Bar and Lost Mary. A separate notice targeted MR FOG products associated with Dongguan HT Technology Co., Ltd.
These actions were connected to Senate Enrolled Act 185, whose relevant provisions took effect July 1. The law restricts certain e-liquids, ingredients, and filled vaping products manufactured by or sourced from countries designated as foreign adversaries, including China.
That doesn't mean every vaping-related item automatically falls under the same restrictions. The law excludes vaping-device hardware from its definition of covered products and provides exceptions for certain products with Food and Drug Administration (FDA) authorization or qualifying pending applications. As always, the details matter more than the label on the box.
MR FOG Gets 257 Entries Back in the Game
On September 22, the ATC issued a revised MR FOG notice identifying 257 product entries that retailers could sell. The list included entries from the SWITCH and NOVA ranges.
That's a meaningful reversal, but it's not a magical regulatory eraser. The revised notice covers the specified entries, not every MR FOG product ever manufactured. Products left off the list remain prohibited under the state's current instructions unless officials make additional changes.
The commission has not publicly explained precisely what evidence persuaded it to clear the 257 entries. That leaves businesses with a clear result for the listed products but fewer public details about how the decision was reached.
For retailers, the safest approach is to check the actual product entry instead of assuming that a familiar brand name settles the question. If one model is cleared, its cousins don't automatically get an invitation back onto the shelf.
Lost Mary Follows With 77 Product Entries
Lost Mary also received a partial reprieve. The ATC initially cleared 57 product entries, then reported receiving compliance evidence for another 20.
Its September 24 notice lists 77 entries from the VIZ, MT35000 Turbo, and NERA ranges.
Before anyone starts counting products like they're sorting jellybeans, there's a catch: 11 entries repeat product names listed earlier. The combined total of 334 MR FOG and Lost Mary entries therefore should not be described as 334 unique products.
The commission confirmed that it received compliance evidence for the additional Lost Mary entries, but it did not identify the specific supporting documents. So, while the state's decision is clear, the paperwork behind it remains largely out of public view.
This is a useful reminder that product-entry counts, unique products, and entire product ranges are three different things. Mixing them together can turn an otherwise accurate regulatory update into a rather confusing numbers game.
A State-Level Green Light Isn't an FDA Golden Ticket
Here's the part businesses really need to understand: Indiana's decision and federal marketing authorization are separate matters.
The FDA regulates tobacco products under its own legal framework, including requirements that apply to electronic nicotine delivery systems. A product cleared under Indiana's revised enforcement notices does not automatically gain permission to be sold throughout the United States.
Senate Enrolled Act 185 includes exceptions for certain products with FDA authorization or qualifying pending applications, but those exceptions depend on the applicable legal requirements. A business shouldn't assume that every product on a revised state list qualifies for every possible federal exception.
In plain English, Indiana changing its mind about a product under one law doesn't mean every other regulator has signed the same permission slip.
For companies operating across state lines, keeping state and federal compliance separate is essential. A product's status in Indiana should never be used as a shortcut for determining its legal status elsewhere.
The FDA Has Its Own Regulatory Homework Underway
Federal rules may also evolve. On September 28, the FDA said it would continue reviewing premarket tobacco product applications, commonly called PMTAs, and issuing decisions under existing law while considering a replacement regulatory framework.
That review could bring changes to the application process down the road. For now, however, the agency's announcement does not suspend existing legal requirements. Manufacturers and distributors still need to follow the rules currently in effect.
Indiana has another checkpoint approaching, too. The ATC's latest Lost Mary notice says its temporary list does not constitute formal authorization under the state's separate product-directory provision. After December 31, the commission says its Authorized E-Liquid Product List will determine which products are authorized for sale in Indiana.
In other words, making it through one regulatory checkpoint doesn't mean the race is over.
What Vape Retailers Should Do Now
Retailers carrying MR FOG or Lost Mary products should review the latest ATC notices and confirm that each specific product they intend to sell is covered by the revised clearance. They should also monitor the state's authorized-product list as the December 31 deadline approaches.
Manufacturers and distributors have their own homework: maintain relevant compliance documentation, follow changes to state notices, and assess federal requirements independently.
Indiana's partial reversal shows how quickly a product's status can change when regulators review additional evidence. But the lesson isn't that every restricted product will eventually return to shelves. It's that the rules can apply differently to individual products, even when they share a brand.
For the vaping industry, the situation remains a moving target. Some MR FOG and Lost Mary entries are back in business under Indiana's revised notices, while others remain restricted. Until officials provide further updates, checking the fine print is considerably safer than assuming the whole lineup has received a clean bill of regulatory health.
