FDA Fines 22 Retailers Selling Unauthorized E-Cigarettes, Mainly ELFBAR

Regulations by 2FIRSTS
Apr.24.2024
FDA Fines 22 Retailers Selling Unauthorized E-Cigarettes, Mainly ELFBAR
FDA fines 20 physical and 2 online retailers for selling unauthorized e-cigarettes, including popular brand "ELFBAR," targeting youth market.

According to an announcement on the official website of the US Food and Drug Administration (FDA) on April 23, the FDA has issued civil fines (CMPs) to 20 brick-and-mortar retailers and 2 online retailers for selling unauthorized e-cigarettes, including the popular brand "ELFBAR" among young people.

 

The FDA has previously issued warnings to these retailers, stating that their sale of unauthorized tobacco products is in violation of regulations. However, subsequent inspections have revealed that these retailers have failed to correct these violations. Therefore, the FDA is now seeking to fine each retailer $20,000.

 

According to the 2023 National Youth Tobacco Survey, ELFBAR is the most commonly used brand among middle and high school students. 56.7% of youth e-cigarette users in the past 30 days reported using ELFBAR, with approximately one-third (31.1%) stating it is their "regular" brand.

 

The FDA is currently seeking civil penalties of approximately $20,000 from each retailer, consistent with civil penalties sought in recent months for selling unauthorized ELFBAR products, including in September, November, December, and February. These retailers have the option to pay the fine, reach a settlement agreement, apply for an extension of the response period, or request a hearing. If the retailers take no action within 30 days of receiving the complaint, they may default and be required to pay the full amount of the penalty.

 

The FDA's unauthorized civil fine action against e-cigarettes will continue to take comprehensive actions against the supply chain, particularly targeting products popular among young people for removal. As of April 2024, the FDA has issued over 550 warning letters and 108 civil fines to retailers (including brick-and-mortar and online retailers) selling unauthorized tobacco products.

 

In addition to actions targeting retailers, the FDA has also issued warning letters to over 670 manufacturers, importers, and distributors of e-cigarettes for illegally selling and/or distributing unauthorized new tobacco products. The agency has also initiated civil monetary complaints against 55 e-cigarette companies for illegally manufacturing unauthorized products, and has filed injunctions with the Department of Justice against 7 unauthorized e-cigarette product manufacturers.

 

The FDA has authorized 23 tobacco-flavored e-cigarette products and devices, which are currently the only e-cigarette products legally available for sale in the United States. Further information about which tobacco products can be legally marketed in the US can be found in the FDA's new searchable tobacco product database.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

JT Launches Limited-Edition Ploom AURA “Fuchsia Flare” in Advance Sales Starting March 10
JT Launches Limited-Edition Ploom AURA “Fuchsia Flare” in Advance Sales Starting March 10
Japan Tobacco Inc. (JT) began advance sales on March 10 for the fifth limited-edition color of its heated tobacco device “Ploom AURA,” named “Fuchsia Flare.” The product is available through the CLUB JT online shop and Ploom Shops nationwide at a price of JPY 2,980. From March 17, it will also be sold in limited quantities at convenience stores nationwide and selected tobacco retailers.
Mar.10 by 2FIRSTS.ai
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
iJOY Launches New IJOY XP100K E-Cigarette on Official Website. The product adopts a combined structure of “pod + power bank + refill e-liquid bottle,” comes pre-filled with 18mL of e-liquid and includes 15mL of refill liquid. It is officially claimed to deliver up to approximately 100,000 puffs, and its packaging bears the wording “BUILT IN THE USA.” It has already gone on sale through some online channels in the United States, with the kit priced at US$19.99.
Apr.08 by 2FIRSTS.ai
KT&G Launches “Miix Cigar Collection” for lil Hybrid at Convenience Stores Nationwide
KT&G Launches “Miix Cigar Collection” for lil Hybrid at Convenience Stores Nationwide
KT&G said on April 15 that it will launch “Miix Cigar Collection,” a dedicated stick for its lil Hybrid heated tobacco product, at convenience stores nationwide in South Korea. The company said the product is the first in the Miix series to apply a “Balance Filter” with internal space in the filter and contains 18% cigar leaf to deliver cigar flavor. With the new launch, the Miix lineup for lil Hybrid will expand to 16 products.
Apr.15 by 2FIRSTS.ai
China Boton Group Posts 2025 Revenue of RMB 1.496 Billion, With E-Cigarette Product Revenue Up 4.6%
China Boton Group Posts 2025 Revenue of RMB 1.496 Billion, With E-Cigarette Product Revenue Up 4.6%
China Boton Group reported its results for the year ended December 31, 2025. Revenue was RMB 1.496 billion, down about 9.5% from RMB 1.653 billion in 2024. Gross profit was RMB 377.1 million, with a gross margin of 25.2%, and the group recorded a net loss of RMB 1.000 billion for the year.
Mar.24 by 2FIRSTS.ai
Can hookah go institutional? A hookah company seeking to go public makes its case with capital, technology and regulation
Can hookah go institutional? A hookah company seeking to go public makes its case with capital, technology and regulation
2Firsts explored whether hookah can evolve into a more mature and governable category by interviewing Dubai-based hookah company AIR. AIR argues that strong margins, OOKA’s closed-system model and the prospect of differentiated regulation could support that shift. The larger question is whether this is simply AIR’s capital-markets narrative, or an early sign that competition, regulation and category boundaries in hookah are beginning to change.
Apr.02
FDA Wins Default Entry in Case Against E-Cigarette Distributor, to Seek Permanent Injunction
FDA Wins Default Entry in Case Against E-Cigarette Distributor, to Seek Permanent Injunction
The U.S. Food and Drug Administration (FDA) has made procedural progress in its lawsuit against North Carolina-based e-cigarette distributor Dream Distro LLC and its owner. A federal district judge granted the government’s request for entry of default after the defendants failed to respond to the complaint within 21 days of service. The government will next seek a default judgment, including a permanent injunction.
Apr.09 by 2FIRSTS.ai