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

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
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
Special Report| War continues to shape the Ukrainian tobacco market
Special Report| War continues to shape the Ukrainian tobacco market
Four years into the war, Ukraine’s tobacco market is being reshaped by stress-driven consumption, tax pressure, youth e-cigarette use and a growing illicit segment. Surveys point to rising tobacco and nicotine product use, while higher excise duties and shadow trade are adding new complexity to the market.
Apr.17
2Firsts Interview with Glas |Why a California ENDS Company Believes Its Age-gated Flavored Vape Could Be Next in Line for FDA Authorization
2Firsts Interview with Glas |Why a California ENDS Company Believes Its Age-gated Flavored Vape Could Be Next in Line for FDA Authorization
As the FDA advances efforts to streamline its PMTA review process, including support for small businesses, expectations are rising that additional product authorizations may follow. Age-verification technology is emerging as a key consideration in future approvals.In this interview, California-based Glas discusses its G2 platform, integrating smartphone-based identity verification, proximity controls and anti-counterfeit systems, and outlines its positioning under the FDA’s PMTA framework.
Mar.02
Virginia Restricts Vape Sales to Products Listed in State Directory From April 1
Virginia Restricts Vape Sales to Products Listed in State Directory From April 1
From April 1, vape shops in Virginia may sell only liquid nicotine and vapor products listed in the state directory. The Office of the Attorney General has recommended that commonwealth attorneys begin enforcing the 2024 law.
Apr.02 by 2FIRSTS.ai
South Korea’s finance ministry to directly crack down on illegal high-nicotine vape liquids
South Korea’s finance ministry to directly crack down on illegal high-nicotine vape liquids
The report says South Korea’s Ministry of Economy and Finance (referred to as the finance ministry) will directly lead crackdowns on illegal distribution and “upward manipulation” of nicotine concentrations in liquid e-cigarettes, after cases of extremely high-strength nicotine liquids circulating at retail shops were highlighted.
Feb.28 by 2FIRSTS.ai