🚨 Mastercard Temporarily Pauses ENDS-Related Assessments Following Coalition Letter, July 29, 2026🚨 Today, @Mastercard has temporarily suspended assessments against certain retailers cited for ENDS-related compliance issues while affected merchants implement remediation plans. The card network’s action follows a July 22, 2026 coalition letter from the Energy Marketers of America and allied trade associations, challenging Mastercard's interpretation of U.S. Food and Drug Administration policy. Background Recently, Mastercard issued substantial fines to retailers selling vape/e-cigarette/Electronic Nicotine Delivery Systems (ENDS) products not appearing on FDA's list of 45 marketing-authorized products. Mastercard’s actions appear to have followed April 2026 letters from a group of State Attorneys General, urging the payment card networks to assist in curbing sales of illicit e-cigarettes. EMA joined the National Association of Tobacco Outlets, NACS, and the Convenience Distribution Association in a July 22, 2026 letter to Mastercard General Counsel Tiffany M. Hall. The coalition expressed support for efforts to stop illicit vape sales but objected that Mastercard's enforcement is based on the incorrect premise that every ENDS product lacking FDA premarket authorization is subject to FDA enforcement. The coalition letter cited FDA's May 8, 2026 guidance, Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization. FDA explained that, because it lacks the resources to pursue every unauthorized ENDS product, it generally does not intend to prioritize enforcement against products covered by accepted and filed Premarket Tobacco Product Applications (PMTAs) (or certain pending supplemental PMTAs), provided specified criteria are met. The guidance does not apply to products presenting heightened public-health concerns or those with features appealing to minors. The coalition asked Mastercard to revise its policy to confirm that products marketed consistent with the FDA’s May 8 guidance, and in compliance with applicable state and local restrictions, may be sold at retail pending a final FDA determination on the particular PMTA at issue. What This Means for EMA Marketers Although Mastercard has paused assessments, it has not yet indicated that it will adopt the compliance standard reflected in FDA’s May 8, 2026 enforcement guidance. EMA and the coalition continue to maintain that this guidance permits the retail sale of certain products with pending PMTAs notwithstanding the absence of a marketing authorization. To read MasterCard's response and to learn more, visit energymarketersofamerica.org…