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Mississippi Compliance
Mississippi House Bill 916 created an Electronic Nicotine Delivery Systems ("ENDS") certification and directory regime requiring retailers to file an annual certification confirming federal compliance. At section 10 of the Bill, ENDS product is defined as a noncombustible product that produces vapor from “nicotine in a solution” and includes “a consumable nicotine liquid solution”. A screenshot with emphasis can be found here:
Because the definition of ENDS products turns on the presence of “nicotine in a solution” or “a consumable nicotine liquid solution”, 6-methyl vapes, such as Flavor Beast, are not subject to the Mississippi certification or directory requirements.
Flavor Beast obtained a legal opinion from Keller Heckman LLP to confirm this. An excerpt from the letter can be found here:
The legal opinion confirms that Flavor Beast’s XBM50 line of vapes are not subject to Mississippi’s ENDS certification and directory requirements.
We also obtained an email from the Mississippi Department of Revenue confirming that nicotine free vapes are not subject to the ENDS directory. A copy of the email is reproduced as follows:
