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

PMI U.S. Says Dothan Factory Closure Reflects Focus on Smoke-Free Business Strategy
PMI U.S. Says Dothan Factory Closure Reflects Focus on Smoke-Free Business Strategy
Philip Morris International U.S. (PMI U.S.) announced that it will close the Swedish Match cigar manufacturing facility on Columbia Highway in Dothan, Alabama. The company said the decision reflects its need to maintain focus on offering reduced-risk, FDA-authorized smoke-free products to legal-aged adult nicotine users in the United States to help them move away from combustible cigarettes.
Mar.30 by 2FIRSTS.ai
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia’s government commission on legislative activity has approved second-reading amendments to a bill on licensing trade in tobacco and nicotine-containing products that would allow Russian regions to introduce experimental bans on vape sales.
Mar.31 by 2FIRSTS.ai
Andy Tan Named 2026 SRNT Fellow for Contributions to Nicotine Research
Andy Tan Named 2026 SRNT Fellow for Contributions to Nicotine Research
Andy Tan, Ph.D., has been named a 2026 Fellow of the Society for Research on Nicotine and Tobacco (SRNT), an international professional association dedicated to advancing nicotine and tobacco research. Fellows are selected for outstanding research contributions as well as leadership, mentoring, and policy engagement within the field.
Feb.23
Alan Zhao: What the Rise of Nicotine Pouches Means for Tobacco Retailers
Alan Zhao: What the Rise of Nicotine Pouches Means for Tobacco Retailers
Alan Zhao argues that nicotine pouches are no longer a niche alternative, but a force quietly reshaping the future of tobacco retail. For distributors and retailers, the real risk is not missing a trend—it is moving too late, after regulation tightens, shelf space hardens and the market begins to choose its winners.
Mar.31 by Alan Zhao | 2Firsts Perspectives
Kyrgyzstan Plans to Extend E-Cigarette Import Ban by Another Six Months
Kyrgyzstan Plans to Extend E-Cigarette Import Ban by Another Six Months
According to Kyrgyzstan’s Ministry of Economy, the government plans to extend the current ban on e-cigarette imports by another six months once the existing measure expires, with the new restriction set to take effect on July 10, 2026. The ban covers disposable e-cigarettes as well as nicotine-containing liquids for reusable systems.
Apr.17 by 2FIRSTS.ai
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
On March 4, 2026, more than 160 public interest organizations worldwide sent a letter to Formula 1 urging it to expand its 2006 prohibition on cigarette sponsorships to include nicotine pouches and other tobacco products. The letter states that Philip Morris International sponsors Ferrari to promote ZYN pouches, while British American Tobacco sponsors McLaren with its Velo brand, with logos displayed on cars and drivers’ race suits and promoted on social media.
Mar.06 by 2FIRSTS.ai