Tobacco and Vape Information
In addition to ABLE’s enforcement of violations of the Tobacco Control Act, the U.S. Food and Drug Administration (FDA) is also responsible for enforcing the Tobacco Control Act to protect public health by ensuring that tobacco products are manufactured, marketed, and distributed in compliance with federal law. If you suspect a violation of the Tobacco Control Act, the contact information listed below provides the appropriate channels for members of the public to report potential violations directly to the FDA for review and possible action.
Public Complaint Reporting for Tobacco Violations
Members of the public can report potential Tobacco Control Act violations through:
Online: Potential Tobacco Product Violations Reporting - Form FDA 3779
Phone: 1.877.CTP.1373 (CTP toll-free number)
Email: CTPCompliance@FDA.hhs.gov
Mail: Potential Tobacco Product Violations Reporting - Form FDA 3779
Report problems with tobacco products (damaged, defective, contaminated, or causing health/safety issues) :
Safety Reporting Portal for Tobacco Products | FDA
Purchase or Possession of Tobacco, Product by Minors
NEW LAW
Effective: 11/01/2023
Employee Acknowledgement
Municipal Ordinance Information
Sustained Progress in Preventing Underage Tobacco Sales: Oklahoma Synar Report 2024 (Final)
Violation Penalties & Enforcement for Tobacco Violations
Penalty Schedule: Advisory and Enforcement Actions Against Industry for Selling Tobacco Products to Underage Purchasers
Enforcement Actions: Family Smoking Prevention and Tobacco Control Act - An Overview
Oklahoma Affidavit for Attestation of Tobacco and Vapor Products
TOBACCO LICENSING INQUIRES ARE TO BE SENT TO THE OKLAHOMA TAX COMMISSION: https://oklahoma.gov/content/dam/ok/en/tax/documents/forms/businesses/general/Packet-C.pdf
THE ABLE COMMISSION DOES NOT LICENSE FOR TOBACCO/VAPE PRODUCTS.
EMAIL TOBACCO/VAPE ENFORCEMENT INQUIRIES TO:
ABLE_TobaccoAndVapeLaws@able.ok.gov
Oklahoma State Statute Title 63 Section 1-229.35 states that beginning July 1, 2023, every manufacturer of a vapor product that is to be sold or intended to be sold in the State of Oklahoma is required to execute and deliver an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission certifying that certain conditions were met.
On October 1, 2023 the Oklahoma ABLE Commission will post that directory listing all of the manufacturers that have provided attestations that comply with this statute.
It is unlawful for any person, directly or indirectly, to knowingly manufacture, distribute, sell, barter, or furnish in this state any vapor product that is not included in the directory.
NOTE:
In addition to the attestation document and the list of products that must be submitted on an Excel spreadsheet in the required format, we will also need proof that the FDA has authorized you to sell your products at this time, and all the appendices including the products that were included in the submission to FDA and your responses.
Also, if your company has been issued a Marketing Denial Order (MDO) from the FDA, and this decision is being appealed, all the above information will be required along with the MDO. This would include relevant court documents that have authorized you to sell your products while in litigation with the FDA. All this information will be compared to Oklahoma state laws regarding vapor products and vape registration to determine if your products qualify to be sold in Oklahoma.
If you have already submitted your documentation, you have until January 19, 2024 to include the remaining information.
Product Authorization Status for Tobacco Violations
Authorized products: Searchable Tobacco Products Database
Unauthorized products: New tobacco products (not commercially marketed in the U.S. as of February 15, 2007, or modifications made after that date) require premarket authorization. New tobacco products may not be legally marketed in the U.S. without authorization from FDA.
Market requirements: Market and Distribute a Tobacco Product
Notice of Student Tobacco Violation
Prevention of Youth Access to Tobacco Brochure
Prevention of Youth Access to Tobacco Signage
Oklahoma Vape Registry
Vape Attestation List
AFFIDAVITS
Click or tap to email affidavits to Captain Erik Smoot
OR
Mail to ATTN: Erik Smoot, 50 NE 23rd Street, OKC OK., 73105
