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

FDA Tobacco Proposal Signals Full-Chain Compliance Test for Global E-Cigarette Supply Chains
FDA Tobacco Proposal Signals Full-Chain Compliance Test for Global E-Cigarette Supply Chains
FDA’s proposed foreign tobacco establishment registration and product listing rule remains unfinished, but Accorto told 2Firsts it reflects a shift toward structured oversight similar to medical device and pharmaceutical compliance frameworks. For Chinese and global e-cigarette suppliers, U.S. market access is moving beyond product authorization toward full-chain compliance covering manufacturing, documentation, import control, distribution, retail and marketing discipline.
Special Report
Jul.09
UK Vaping Products Duty to Raise £565 Million by 2030/31
UK Vaping Products Duty to Raise £565 Million by 2030/31
The UK will introduce Vaping Products Duty on all vaping liquids from October 1, 2026, with government revenue forecast to rise from £135 million in 2026/27 to £565 million by 2030/31.
Jun.18
Germany Seizes 56 Pallets of Illegal Vapes, Probe Estimates €1.8 Million Tax Loss
Germany Seizes 56 Pallets of Illegal Vapes, Probe Estimates €1.8 Million Tax Loss
German authorities have seized dozens of pallets of illegal disposable vapes in a criminal investigation, with the products estimated to have caused at least €1.8 million in tax losses. The case has also raised concerns over cross-border supply chains linked to unauthorized nicotine products entering the European market.
Jul.14
Tasmania Reports Annual Enforcement Results: 5.5 Million Illegal Cigarettes and Nearly 30,000 Vapes Seized, With IGET Products Visible in Official Images
Tasmania Reports Annual Enforcement Results: 5.5 Million Illegal Cigarettes and Nearly 30,000 Vapes Seized, With IGET Products Visible in Official Images
Tasmania reported its 2025/26 illicit tobacco enforcement results on July 14, with authorities seizing about 5.5 million illegal cigarettes, more than 2,500 kilograms of loose tobacco and nearly 30,000 vapes.
Jul.15
Hawaii Restricts Vape Sales to FDA-Authorized Products, Disposable E-Cigarettes to Be Banned
Hawaii Restricts Vape Sales to FDA-Authorized Products, Disposable E-Cigarettes to Be Banned
Hawaii has enacted two new e-cigarette laws that significantly tighten market access requirements, requiring products to meet FDA authorization standards and banning disposable e-cigarette sales starting in 2027.
Jul.08
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
AI is moving from a back-office tool to a core organizational capability in the nicotine industry. Based on JTI’s responses, this 2Firsts feature examines how AI is reshaping talent strategy, internal mobility, decision-making and human accountability as global tobacco companies compete in the shift toward new nicotine categories.
Jun.17