Coalition Urges Global Payments and Mastercard to Align ENDS Policy with FDA’s May 2026 Enforcement 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.

Inside the Beltway Update – HEMP Legislation and CRAs Targeting California Electrification Policies Introduced

On Wednesday, Reps. Andy Barr (R-KY) and Angie Craig (D-MN) introduced the bipartisan Lawful Hemp Protection Act, comprehensive legislation intended to preserve lawful hemp commerce while establishing a federal regulatory framework for hemp-derived consumer products.

The bill represents a true alternative to the federal hemp restrictions enacted in the fiscal year 2026 agriculture appropriations law, which are currently scheduled to take effect in November. Rather than prohibiting hemp-derived products outright, the legislation would establish federal standards governing product composition, labeling, packaging, age verification, manufacturing, distribution, taxation, and interstate commerce. Most importantly, the bill would replace the 0.4 milligram total THC-per-container standard scheduled to take effect in November. It would instead direct FDA to establish science-based serving limits through notice-and-comment rulemaking. If FDA does not complete that process within one year, statutory limits would take effect at:

• 5 milligrams of THC per serving for ingestible products;
• 50 milligrams of THC per serving for inhalable products; and
• 50 milligrams of THC per serving for topical products.

The Lawful Hemp Protection Act would establish a federal regulatory pathway for lawful hemp-derived consumable products, including national standards for labeling, packaging, testing, product quality, age verification, and restrictions on synthetic or artificially modified cannabinoids. It would require covered products to be cultivated, processed, manufactured, packaged, and labeled in the United States, create a federal TTB permitting and oversight structure for manufacturers and hemp-derived beverage wholesalers, establish a three-tier distribution system for hemp-derived beverages, and impose new excise taxes on both beverages and other cannabinoid products. The bill would also preserve interstate transportation of compliant products, allow states, territories, and Tribes to adopt more stringent requirements, and permit certain hemp-derived cannabinoid products to be offered as supplemental benefits under Medicare Advantage plans. Overall, the proposal represents a significant regulatory alternative to the prohibition-oriented framework scheduled to take effect in November, although its tax structure, domestic sourcing requirements, distribution rules, and treatment of specific cannabinoids would require careful company-specific review.

Also, this week, Rep. Harriet Hageman (R-WY) has introduced a resolution, H.J. Res. 202, aimed at repealing a 2009 greenhouse gas waiver that allowed California to set stricter vehicle emissions standards. This legislative action is part of a broader effort by the Trump administration and congressional Republicans to use the Congressional Review Act (CRA) to dismantle federal waivers that grant California the authority to establish air pollution rules often adopted by other states. This follows a pattern from the previous year, when Congress repealed Biden-era waivers that Republicans characterized as an electric vehicle mandate. The current push targets a second batch of four waivers recently sent to Congress by the EPA. These include mandates for Advanced Clean Cars I, which set requirements through model year 2025, and a rule regarding the electrification of non-road engines, such as lawn equipment. While the California rules technically only apply through 2025, critics argue they effectively create a national standard because the EPA has revoked all federal greenhouse gas rules for vehicles.

Hageman, who is running for the Senate, frames the move as a way for the 119th Congress to reclaim its Article I authority over the "administrative state" and stop "climate lunacy". California is currently legally contesting the CRA resolutions signed last year, as well as the EPA's recent transmission of the four additional waivers. A key legal point of contention is the Trump administration's assertion that actions taken under the CRA are not reviewable by the courts.

Meanwhile, Speaker Mike Johnson (R-LA) and the House Republican Conference achieved a significant legislative trifecta just before the August recess, passing three major pieces of legislation: the FY2027 National Defense Authorization Act (NDAA), a $95-billion budget resolution, and a quasi-ban on stock trading for members of Congress. The budget resolution is particularly noteworthy as it creates a path for Republicans to pursue a third reconciliation bill. Despite the narrow GOP majority, these victories were secured through a combination of leadership maneuvering and, in some cases, critical support from across the aisle. The passage of the NDAA and the budget resolution involved close collaboration between the House GOP leadership and the White House’s legislative affairs team. The NDAA passed with a slim 216-212 margin, requiring six Democratic votes to offset seven Republican defections. Notably, Rep. Anna Paulina Luna (R-FL) maintained her "no" vote on the defense package even after leadership agreed to her demand of including the SAVE America Act. The bill to restrict congressional stock trading passed more easily (232-198) with the support of 13 Democrats, even though the legislation was paired with a voter ID mandate for federal elections. While this bill allows lawmakers to sell equities if they provide advance notice to House authorities, its future is uncertain; the Senate currently shows little interest in the measure, and the House has not yet moved to implement these restrictions through its own internal rules. Many of the Democrats who crossed party lines to support this high-profile bill are currently facing competitive reelection bids or are running for higher office.

Senate Majority Leader John Thune (R-SD) announced on Tuesday his intention to bring a short-term stopgap funding bill to the Senate floor for a vote before the upcoming August recess. While the House is already in recess the Senate has one more week ending on the 31^st. Senate Appropriations Chair Susan Collins (R-ME) is currently leading negotiations with Democrats to establish a bipartisan deal that would keep the government funded until after the November election. Thune noted that the Senate's version of the stopgap is the more likely legislative vehicle because it incorporates "spending anomalies" requested by the White House, which were excluded from the House's Republican-crafted version. While expressing hope for a bipartisan resolution, Thune warned that Republicans are prepared to pursue a party-line spending bill via the reconciliation process if a deal cannot be reached. This strategy involves using a House budget resolution to fund the government and has received support from conservative members like Sen. Rick Scott (R-FL), who view it as a necessary backup to meet the September 30 funding deadline. Thune emphasized that while reconciliation remains a possibility, if necessary, he would prefer to avoid that route.

Looking ahead, Freshman Senator Dave McCormick (R-PA) is positioned to potentially lead Republicans on the Senate Energy and Natural Resources Committee next year. This leadership opportunity arises from a domino effect triggered by the death of Sen. Lindsey Graham, which may lead the current chair, Mike Lee (R-UT), to move to the Judiciary Committee. Although other Republicans have more seniority, they are either ineligible or expected to remain in their current leadership roles, clearing a path for McCormick's remarkable rise. McCormick's leadership would represent a significant shift for the committee, as he would be the first top Republican from an East Coast state in decades. Unlike his predecessors from Western states who focused heavily on public lands and national monuments, McCormick is expected to prioritize energy production.

Shane Sweet, Former Vermont Fuel Dealers Association Executive Director and NEFI CEO, Passes Away

Shane Sweet, a respected leader, educator, and advocate in the heating fuels industry, passed away on July 16, 2026, in Raceland, Louisiana, at the age of 66. Born on March 2, 1960, in Granville, New York, Sweet graduated from the Rochester Institute of Technology and launched his career in 1982 with a family-owned fuel company in Vermont. There, he developed deep hands-on expertise across every facet of heating oil operations, along with related fuels and equipment, building a foundation that shaped his four-decade career. He became one of the industry’s most trusted voices on regulatory compliance, employee training, and operational best practices for heating oil companies, helping them run more safely, efficiently, and confidently while also gaining significant experience with propane systems.

Sweet held key management roles in retail fuel companies before moving into association leadership as executive director of the Vermont Fuel Dealers Association for nearly 15 years and chief executive officer of the New England Fuel Institute, where he championed the interests of heating oil professionals. In 2019 he launched a consulting practice and co-founded PropaneAndOilTraining.com with colleague Mike DiGiorgio, delivering practical training programs for heating fuel and propane technicians across North America. He also created the Virtual Propane Expo during the pandemic to sustain education and founded the Northeast Mid-Atlantic Oil & Propane Safety Compliance Working Group to strengthen safety and regulatory standards for both heating oil and propane operations. Sweet’s legacy lives on through the thousands of professionals he trained and the safer, more connected heating fuels industry he helped build.

In lieu of flowers or a formal memorial service, those wishing to honor Sweet’s memory are encouraged to make a donation to their local Humane Society or to the Humane Society of their choice.

EMA Member Service Benefit: You Need Drivers. EMA Can Help

The Energy Marketers of America, in collaboration with the National Propane Gas Association (NPGA), introduces a new member benefit to streamline driver training for your company. The ACE (Administrative Compliance Experts) Services Program assists with meeting the Federal Motor Carrier Safety Administration’s (FMCSA) Entry Level Driver Training (ELDT) requirements.

What ACE Offers:

As an FMCSA Registered Training Provider, ACE manages:

• FMCSA paperwork and filings
• FMCSA audits
• Guidance on training materials and equipment to comply with FMCSA standards

ACE can save your company up to $3,000 per driver while simplifying compliance processes. To enroll, click HERE and select the Energy Marketers of America as your ACE Network Partner. For details on how ACE operates, pricing, and enrollment, watch EMA’s webinar from October 24, 2024, below.

Please contact ACE at 202-466-7203 or eldt@npga.org if you have any questions.

EMA's Fall Meeting at the NACS Show 2026: October 5-6: Website and Registration Open!

Get ready for an exciting and productive EMA Fall Meeting, held alongside the NACS Show! Connect with industry leaders, gain valuable insights, and celebrate excellence at the Wynn Las Vegas!

Event Highlights:

• Oct 5, Afternoon: Kick off with a New Attendee Orientation & Federal Legislative Update to get up to speed on key issues.
• Oct 5, Evening: Join the EMA/NACS Reception Salute to State Association Executives at the Wynn/Encore Chopin Patio sponsored by Altria and PMI.
• Oct 6, Morning: Start your day with a Buffet Breakfast, followed by Region and Committee Meetings to collaborate and strategize.
• Oct 6, Afternoon: Celebrate at the Distinguished Service Award Luncheon, honoring former Kentucky/Ohio Marketer and EMA Past Chair Jeff Lykins, proudly sponsored by Federated Insurance. The EMA Board of Directors Meeting will follow.

Register now in the link below and be part of the EMA Fall Meeting at the NACS Show. We look forward to seeing you in Las Vegas! For more details, visit the website.

An invitation was sent to your inbox on July 16. Responding to the links on the invitation email is the recommended way to register. Sunday, October 4, 6 rooms are available, for Monday, October 5, 26 rooms are available, for Tuesday, October 6, 28 rooms are available and for Wednesday, October 7, 29 rooms are available so please do not delay in making plans click the link below! Members have access to all other hotels with availability in the block. If the general block has rooms, you will continue to see those options.

Remember, the NACS Show registration is separate from EMA's Fall Meeting registration.

Special EMA Members Code for NACS Show 2026 Registration

Using the EMANS2026 code provides EMA with $100 for every retailer or marketer paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association's member companies. Click here for the flyer.

**Please note that EMA State Execs are comped for NACS Show registration. Additionally, the NACS Show registration is separate from EMA's Fall Meeting registration.

Questions registering for NACS Show? Contact NACS Show registration customer service at nacs@maritz.com or 469-513-9489, Monday-Friday, 9:00 a.m. - 5:00 p.m. EST, for assistance.

Weekend Reads

California targets slowing EV sales with $3,500 off new models, $1,750 off used ones | Yahoo!Autos

Oil Rockets Towards $100 | Rigzone

California Seeks To Enjoin Democracy | RealClear Politics

NACS Asks Federal Court to Reverse EPA Small Refinery Exemptions | NACS Daily News

US EV sales are down, but not out. Here’s why automakers won’t pull the plug | Yahoo!Finance

Crude Oil and Refined Products Outlook 2026 Complimentary Webinar by StoneX Financial Inc. - Tuesday, August 25, 2026, 3:00 PM Eastern Time

Join us for a comprehensive overview of the crude oil and refined products market presented by Alex Hodes, Director of Market Strategy – Energy, for StoneX Financial Inc.'s FCM Division.

This webinar provides an outlook on these markets for the upcoming quarter, including:

• What potential supply/demand risks exist?
• Where do inventories stand?
• What is the expected pricing environment ahead?
• What infrastructure changes or developments may be important over the next several months?

Get unique insights from quantitative metrics, along with tips for navigating these uncertain times.

REGISTER NOW

Federated Insurance Risk Management Academy Complimentary Webinar
Understanding Drug Testing Devices
Thursday, August 20, 2026, 2:00 PM Eastern Time

Discover Abbott’s workplace drug testing solutions in this informative webinar. Attendees will learn the key differences between the Abbott Workplace POCT Drug Test Program and MyeScreen Full Drug Test Program. Gain insights to select the ideal solution for your workforce based on testing needs, locations, and compliance requirements.

WHAT YOU WILL LEARN

• An overview of two different drug testing programs available to clients
• Highlights of the different products available
• Trending topics in the industry (e.g., marijuana testing)
• How employers can set up drug testing

Click here to Register Today!

WHO SHOULD ATTEND

• Business Owners/Operators
• Risk Managers
• Operations Managers
• HR Professionals

For additional information or to discuss this in further detail, please contact your Federated regional representative or EMA’s National Account Executive Jack West at 507.455.5175 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

At Federated Insurance, It’s Our Business to Protect Yours®

EMA Journal Summer Issue Online Now – NACS Show Preview

EMA Summer Journal is the current issue online. You can take the digital edition with you wherever you go. Scroll to select the articles that catch your eye, then share the content with the icons at the top of your screen. Archived covers are handy on the left side of your browser or use our convenient search feature to find a specific topic. If you prefer to read with pages that flip, select "page view" from the menu bar for a classic page-turner.

Ads for EMA Fall Journal / Annual Directory are due by August 17, 2026 to be delivered in late October 2026. This issue features EMA’s Annual Directory and is retained as a reference guide year-round by our members so please bookmark it.

In 2023, the Journal adjusted to three issues per year, making it even easier and more affordable for our members and industry supporters to find and connect with each other. For information on marketing to our members, please call 844.423.7272 or email them at advertise@innovativepublishing.com.