After receipt of an SE Report, FDA will:
- (a) Refuse to accept the SE Report for review if it does not comply with § 1107.18 and § 1105.10 of this chapter;
- (b) Request additional information as provided in § 1107.40(d);
- (c) Issue a letter administratively closing the SE Report if it is not possible to make a determination on an SE Report;
- (d) Issue a letter canceling the SE Report if FDA finds the SE Report was created in error;
- (e) Issue an order as described in § 1107.46 finding the new tobacco product to be substantially equivalent and in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act; or
(f) Issue an order as described in § 1107.48 denying marketing authorization because the new tobacco product is:
- (1) Not substantially equivalent to a tobacco product commercially marketed (other than for test marketing) in the United States on February 15, 2007, or
- (2) Not in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act.