Coalition Urges Global Payments & Mastercard to Align ENDS Policy with FDA Guidance

EMA has joined NATO, NACS, and CDA in sending a formal letter to Global Payments and Mastercard regarding recent fines imposed on retailers for selling certain vape and Electronic Nicotine Delivery Systems (ENDS) products.

The letter addresses Global Payments and Mastercard’s enforcement actions, which appear to stem from letters sent by several State Attorneys General in April 2026 requesting that card networks help stop sales of illicit e-cigarette products. While the coalition fully supports efforts to remove truly illegal products from the market, the groups note that Global Payments and Mastercard’s current approach does not reflect the FDA’s updated enforcement priorities issued on May 8, 2026.

Under the May 8, 2026 guidance titled “Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization,” the FDA has stated it lacks the resources to pursue every unauthorized product. Instead, the agency is exercising enforcement discretion for many ENDS products that meet specific criteria.

FDA generally does not intend to prioritize enforcement against ENDS products marketed without premarket authorization when:

• The product is covered by a pending Premarket Tobacco Product Application (PMTA) that FDA has accepted and filed, or
• The product is covered by a supplemental PMTA (sPMTA) that has been accepted and pending for more than 180 days; and
• For non-tobacco-flavored products, the application includes the data FDA needs to evaluate whether the product is appropriate for the protection of the public health.

Important Exceptions

• This policy does not apply to products with presumptively underage-appealing features (such as cartoon characters or designs resembling children’s toys) or products that present a significant public health or safety concern beyond what is typical for other tobacco products.

The coalition emphasizes that the FDA’s May 2026 guidance currently covers the majority of ENDS products sold by responsible retailers and wholesalers, including many of our members.

The groups have also asked both Global Payments and 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 applicable state and local laws — may continue to be sold at retail while the relevant PMTA remains pending a final FDA decision.

The coalition also requested that this clarification be reflected in all future Global Payments and Mastercard communications on this issue. EMA and the other coalition members will continue monitoring developments and engaging with Global Payments and Mastercard and other stakeholders.

Click here for the letter to Mastercard.
Click here for the letter to Global Payments.