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

EU Launches Online Feedback as TPD Revision Enters New Milestone
EU Launches Online Feedback as TPD Revision Enters New Milestone
The European Commission has opened an online call for evidence on revising EU tobacco products and advertising rules, marking a new phase in the TPD/TAD review. Policy options may cover novel products, flavours, packaging, digital marketing and advertising. A 2Firsts review of 855 early submissions shows rapid engagement and recurring debate over differentiated regulation, harm reduction, youth protection, illicit trade and economic impact.
Special Report
May.21
FDA Renews Exposure Modification Authorization for IQOS Devices and Three HeatSticks Products
FDA Renews Exposure Modification Authorization for IQOS Devices and Three HeatSticks Products
U.S. Food and Drug Administration renewed modified risk granted orders for five IQOS products from Philip Morris Products S.A., including two IQOS system holders and chargers and three HeatSticks products. Under the renewed orders, the products may continue to be marketed with an exposure modification claim.
Apr.20 by 2FIRSTS.ai
French Anti-Tobacco Group Contre-Feu Calls for Plain Packaging Across All Vaping Products
French Anti-Tobacco Group Contre-Feu Calls for Plain Packaging Across All Vaping Products
French anti-tobacco group Contre-Feu said in a statement released on April 14 that e-cigarette manufacturers are encouraging nicotine dependence among young people through targeted marketing and called for concrete measures to protect minors. The group asked for plain packaging for all vaping products, strict regulation of flavor names, and a ban on online sales.
Apr.15 by 2FIRSTS.ai
KT&G Q1 2026 Financial Results: Revenue at $1.156 Billion, E-Cigarettes to Launch Independent Overseas Expansion
KT&G Q1 2026 Financial Results: Revenue at $1.156 Billion, E-Cigarettes to Launch Independent Overseas Expansion
KT&G reports a 27.6% increase in Q1 operating profit, with traditional and new tobacco sectors driving growth.
May.07 by 2FIRSTS.ai
Portugal and Other Countries Submit Objections in Brussels Over UK Smoke-Free Generation Bill
Portugal and Other Countries Submit Objections in Brussels Over UK Smoke-Free Generation Bill
Portugal is among the countries opposing the UK Tobacco and Vapes Bill, which would ban tobacco sales to people born on or after Jan. 1, 2009. According to the report, Portugal, Croatia, the Czech Republic, Greece, Italy, Slovakia and Romania have submitted reasoned opinions and formal observations to Brussels, arguing that the bill breaches post-Brexit arrangements including the Windsor Framework.
Apr.24 by 2FIRSTS.ai
Product | 20ml E-liquid, Dual Modes with Up to 60,000 Puffs, Uwell Launches VALAYA AMP 60K Vape in the U.S.
Product | 20ml E-liquid, Dual Modes with Up to 60,000 Puffs, Uwell Launches VALAYA AMP 60K Vape in the U.S.
Uwell has recently launched its new disposable vape, the VALAYA AMP 60K, on its official website. The device features 20ml of pre-filled e-liquid and is rated for up to approximately 60,000 puffs. It is equipped with a 950mAh rechargeable battery and a 0.6Ω dual mesh coil. The product is now available through select online channels in the United States, with a listed price of $19.99.
Apr.09 by 2FIRSTS.ai