FDA and CBP Seize 1.4 Million Unauthorized E-Cigarette Products

Regulations by 2FIRSTS.ai
Dec.15.2023
FDA and CBP Seize 1.4 Million Unauthorized E-Cigarette Products
The FDA and CBP announced the seizure of over 1.4 million unauthorized e-cigarette products, including the popular brand ELFBAR.

On December 14th, the U.S. Food and Drug Administration (FDA) and the U.S. Customs and Border Protection (CBP) announced the seizure of approximately 1.4 million unauthorized e-cigarette products, including brands like ELFBAR. According to the 2023 National Youth Tobacco Survey, ELFBAR is the most widely used brand among teenage e-cigarette users. The retail value of these seized products exceeds $18 million. This operation was part of a three-day joint action, resulting in the seizure of 41 shipments containing illegal e-cigarettes.

 

Dr. Robert M. Califf, Director of the FDA, states, "The FDA is committed to continuing efforts to curb the illegal influx of e-cigarettes into the United States. Unscrupulous companies will go to any lengths to bring unauthorized tobacco products that appeal to young people into the country. The FDA will remain vigilant and work with our federal partners to halt these products before they reach the hands of our youth.

 

The FDA and CBP conducted a joint operation at a cargo inspection site in Los Angeles International Airport, where the team inspected imported goods for potential violations.

 

During the preparation for this three-day operation, the team spent several months reviewing shipping invoices, identifying potentially non-compliant imported goods, and conducting other investigations, ultimately achieving the successful outcome of this operation. Once the goods are confiscated and in the possession of the government, they will be disposed of in accordance with the law. For unauthorized new tobacco products, it generally implies that they will be destroyed.

 

The head of CBP, Troy A. Miller, stated, "This law enforcement operation is an exemplification of CBP's commitment to protecting our communities and combating the illegal importation of goods. The growing trend of illicit e-commerce demands that our agency remains vigilant in intercepting goods that pose serious risks to the health of the public, particularly youth, and dismantling the supply chains that transport them to our borders.

 

During the inspection of these goods, the team discovered various brands of illegal flavored disposable e-cigarette products, all originating from China. According to the recent National Youth Tobacco Survey (NYTS) data for 2023, disposable e-cigarettes are the most widely used type among American teenagers, with 89.4% of current e-cigarette users opting for flavored e-cigarettes. Fruit flavors are the most popular, followed by candy, desserts, or other sweet flavors, as well as menthol and mint flavors.

 

In addition to ELFBAR, the confiscated e-cigarettes also include EB Create products; earlier this year, the manufacturer of ELFBAR started promoting the product under the names "EB Design" and "EB Create". Other brands that were seized include Lost Mary, Funky Republic, RELX Pod, and IPLAY Max, among others.

 

In order to evade taxes and detection, many of these unauthorized e-cigarettes are deliberately declared as various items, such as toys or shoes, and are listed at incorrect values.

 

Dr. Brian King, Director of the FDA's Center for Tobacco Products, has issued a warning to individuals who unlawfully smuggle e-cigarettes, particularly those targeting youth, into the country. Federal agencies are aware of their tactics and will not hesitate to take action. The significant value of the seized products serves as a reminder to these criminals that their time and money are better spent abiding by the law.

 

The FDA adopts a comprehensive approach to ensure compliance and enforcement of tobacco products, taking action against relevant parties in the supply chain who violate the law, including manufacturers, importers, distributors, and retailers, as described in today's announcement. The FDA also regularly addresses the issue of illegal e-cigarette imports by placing certain companies on its Import Alert Red List, allowing for the detention of products upon entry without full inspections.

 

For example, in May, the FDA will add certain companies, including those associated with the ELFBAR brand, to a blacklist due to their unauthorized e-cigarette products that appeal to minors.

 

As of December 2023, the FDA has authorized the sale of 23 e-cigarette products and devices with various tobacco flavors, making them legally available in the United States. The distribution and/or sale of unauthorized new tobacco products are subject to compliance and enforcement actions.

 

As of December 2023, the FDA has issued over 650 warning letters to companies involved in the production, sale, and/or distribution of unauthorized new tobacco products, including flavored disposable e-cigarettes and popular brands among young people.

 

The FDA has also filed civil penalty complaints against 38 e-cigarette manufacturers and 67 retailers, and has initiated permanent injunction lawsuits against 7 companies illegally selling e-cigarettes. The FDA will continue to take appropriate action to combat the manufacturing, distribution, importation, and/or sale of unauthorized e-cigarette products, particularly those that appeal to young people.

 

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

Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
The Ohio Supreme Court is hearing a case involving flavored vape sales and whether state authorities can use consumer protection laws to take action against retailers selling unauthorized vape products. Ohio officials argue that selling unauthorized flavored vapes may constitute consumer deception, while retailers argue that tobacco product regulation falls under federal Food and Drug Administration (FDA) authority and that states cannot impose additional restrictions through consumer laws. The case could affect the scope of state-level vape regulation across the United States.
Aug.06
UK Vape Brands Face White-Packaging and Flavour-Name Curbs in Youth-Appeal Crackdown
UK Vape Brands Face White-Packaging and Flavour-Name Curbs in Youth-Appeal Crackdown
The UK government and devolved administrations have launched a 12-week consultation on proposals to make vapes less appealing to children, including plain white packaging, limits on device colours, restrictions on flavour names and changes to how products are displayed in shops.
Jul.10
PMI to Launch IQOS in Argentina by End-2026 After Regulatory Shift, Targeting About 7 Million Smokers
PMI to Launch IQOS in Argentina by End-2026 After Regulatory Shift, Targeting About 7 Million Smokers
Philip Morris International (PMI) has confirmed plans to bring its IQOS heated tobacco device to Argentina by the end of 2026, after the Argentine government lifted long-standing restrictions and created a regulatory framework for heated tobacco, e-cigarettes and nicotine pouches.
News
Jun.26 by 2Firsts Perspectives
Alaska Warns 1,500 Tobacco Retailers Over Unauthorized Vapes and Nicotine Pouches
Alaska Warns 1,500 Tobacco Retailers Over Unauthorized Vapes and Nicotine Pouches
Alaska Attorney General Stephen J. Cox has sent notices to more than 1,500 tobacco retailers and distributors warning them against selling vape and nicotine pouch products that lack authorization from the U.S. Food and Drug Administration (FDA). According to the Alaska Department of Law, businesses were advised to verify products against FDA authorization databases and avoid selling unauthorized nicotine products. The action highlights how state-level enforcement is increasingly extending federal product authorization requirements to retail channels.
Jul.24
Australia’s TGA Places Nicotine Pouches Under Therapeutic Goods Rules From July 24, Blocking Imports of Unapproved Products
Australia’s TGA Places Nicotine Pouches Under Therapeutic Goods Rules From July 24, Blocking Imports of Unapproved Products
Australia is strengthening controls on nicotine pouches under its existing therapeutic goods regulatory framework. According to the Therapeutic Goods Administration (TGA), nicotine pouch products must meet regulatory requirements, and unapproved products cannot be legally imported. The move follows Australia’s broader approach of maintaining strict oversight of nicotine products, including nicotine-containing vapes. As nicotine pouches expand globally, Australia’s regulatory approach highlights growing differences in how countries manage emerging smoke-free nicotine products.
Regulations
Jul.27
Michael Olise’s World Cup Locker-Room Photo Puts Nicotine Pouches in the Sports Business Spotlight
Michael Olise’s World Cup Locker-Room Photo Puts Nicotine Pouches in the Sports Business Spotlight
Several European sports outlets have reported on a suspected nicotine pouch seen in French footballer Michael Olise’s locker photo, bringing football’s long-running “snus” culture back into public view and highlighting brand visibility, product classification and public-health debate around nicotine pouches in sports settings.
News
Jun.25 by 2Firsts Perspectives