The list of timely filed applications for Pre Market approval for products presently on the market that can’t be grandfathered or won’t qualify as substantially equivalent is
Here
You have to scroll down several pages to get to pipe tobacco, but Daughters and Ryan did file lots of applications. They did not file for Picayune. Whoever “they“ is in this instance.
From the release accompanying this list, which was just made public this week,
“A court order provided for a one-year period during which time such products might remain on the market pending FDA review.
2 If a negative action is taken by the FDA on the application prior to September 9, 2021, the product must be removed from the market or risk FDA enforcement. If a positive order is issued by the FDA on a product in the below list, the product will be listed on the positive marketing orders page and may continue to be marketed according to the terms specified in the order letter.”
In other words, if an application was not submitted by 9/9/2020, it can’t get the one year grace period to stay on the market pending review. Grandfathering doesn’t appear to apply, nor does substantially equivalent. The rights holders to Picayune would have to start by filing an application for market approval from scratch, as a new product, and not one shred of it could be sold until the FDA approved that application.
So, the legal eagle tobacconist who said “Tom” at Intercontinental was full of shit was himself full of it. D&R filed for most of their blends, but not Picayune.