Indiana’s MR FOG and Lost Mary Revisions Stop Short of Brand-Wide Clearance

Indiana’s Alcohol and Tobacco Commission has carved out exceptions for specified MR FOG and Lost Mary vaping products under its foreign-adversary restrictions. The exceptions do not cover every product sold under either name. Elf Bar remains excluded.

The changes came in September

The underlying documents are September decisions, not a new October order. On September 14, the Indiana Alcohol and Tobacco Commission directed tobacco certificate holders to remove products made by Shenzhen iMiracle Technology, including Elf Bar and Lost Mary, and warned that they could be seized. The notice also left room for revision if the manufacturer supplied information demonstrating compliance. September 14 ATC notice

ATC’s September 22 MR FOG revision replaced an earlier notice and set out 257 numbered entries. It did not clear every product made by Dongguan HT Technology or sold under the MR FOG name: products outside that list remain excluded under the notice, and the listed treatment is subject to subsequent ATC notice. MR FOG revised notice

The September 24 Lost Mary revision says ATC received compliance evidence for 20 additional products and contains 77 numbered entries. It expressly preserves restrictions on other Shenzhen iMiracle e-liquids, including Elf Bar and Heaven Gifts. Lost Mary second revised notice

Why 334 is not a product count

Adding 257 and 77 produces 334 entries, not a reliable count of distinct products. Both documents contain repeated names. The MR FOG list, for example, repeats AURA Splash Blue Coconut at entries 220 and 229; the Lost Mary list repeats eleven earlier VIZ names near its end. VapeBrief therefore reports the documents’ numbered entries rather than presenting their sum as unique SKUs.

State clearance is not FDA authorization

The foreign-adversary notices are only one part of the state framework. The Lost Mary document explicitly says inclusion is not authorization under Indiana Code 7.1-7-4-1, and states that after December 31, 2026, ATC’s Authorized E-Liquid Product List will contain the products authorized for sale in the state.

Federal requirements remain separate. FDA says new tobacco products require the agency’s marketing authorization before lawful U.S. marketing; a pending application does not itself provide a legal safe harbor. A state notice cannot substitute for that federal determination. Nor should marketing authorization be described as a finding that a tobacco product is safe. FDA enforcement explanation; FDA authorization guidance

What the notices leave unanswered

The revised notices do not publish the underlying compliance files or explain the evidence product by product. They cannot establish that a factory moved, ownership changed, or a particular supply-chain adjustment secured the exceptions. Public notices alone are not a complete account of a manufacturer’s compliance history.

ATC and FDA documents checked October 26, 2026.

Cover: Indiana Statehouse, Indianapolis, photographed October 1, 2021. Photo by deathpallie325 / Wikimedia Commons, licensed CC BY-SA 4.0. File photo, not a photograph of the regulatory action. Display resizing only.