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

Product | GEEKBAR MATE 60K Launches in U.S. Channels With 15ml E-Liquid and Up to 60,000 Puffs
Product | GEEKBAR MATE 60K Launches in U.S. Channels With 15ml E-Liquid and Up to 60,000 Puffs
E-cigarette brand GEEKBAR has recently launched its new product, the GEEKBAR MATE 60K, on its official website. The product adopts a pod-based system, consisting of a reusable 900mAh device and a pod prefilled with 15ml of e-liquid and equipped with a built-in 200mAh battery, bringing the total battery capacity to 1100mAh. It supports both Regular and Pulse modes.
Mar.30 by 2FIRSTS.ai
BAT France Confirms Full Compliance as France Implements Nicotine Pouch Ban on April 1from April 2026
BAT France Confirms Full Compliance as France Implements Nicotine Pouch Ban on April 1from April 2026
BAT France said that, under the decree of September 5, 2025 that entered into force on April 1, 2026, it has stopped commercialising its nicotine pouch products in France from that date.
Apr.03 by 2FIRSTS.ai
2Firsts Holds Second PMTA Compliance Training in Shenzhen, Highlighting U.S. Regulatory Framework and Corporate Compliance Capabilities
2Firsts Holds Second PMTA Compliance Training in Shenzhen, Highlighting U.S. Regulatory Framework and Corporate Compliance Capabilities
2Firsts held its second U.S. PMTA compliance training in Shenzhen, providing a systematic overview of the U.S. regulatory framework for e-cigarettes and corporate compliance strategies. Nearly 20 industry professionals from manufacturing, e-liquid and supply-chain companies attended. Participants who passed the exam received compliance certification. Registration for the third training session will open soon, alongside customized corporate training programs.
Mar.09
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
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
A bill completed during West Virginia’s 2026 regular legislative session would make a one-time allocation of USD 2.9 million from the state’s USD 7.9 million settlement with Juul to youth tobacco prevention and cessation programs.
Mar.19 by 2FIRSTS.ai
Austria to Tighten Sales Rules for Nicotine Pouches and E-Liquids From April 1
Austria to Tighten Sales Rules for Nicotine Pouches and E-Liquids From April 1
Austria will introduce new sales rules for nicotine products from April 1, 2026. Under a reform of the tobacco law passed in December 2025, nicotine pouches will in future be sold only through tobacco shops, while e-liquids will be sold only through tobacco shops and licensed specialist stores. Other points of sale will no longer be permitted to sell these products.
Mar.30 by 2FIRSTS.ai