FDA Issues Civil Penalty Notices to 21 Retailers Selling Unauthorized Esco Bars

Regulations by 2FIRSTS.ai
Jan.31.2024
FDA Issues Civil Penalty Notices to 21 Retailers Selling Unauthorized Esco Bars
The FDA has issued civil fines to 21 retailers for selling unauthorized Esco Barse-cigarettes, popular among young people.

On January 30, in Pacific Standard Time, the Food and Drug Administration (FDA) Tobacco News Center released a statement announcing that civil penalty notices have been issued to 21 physical retailers for selling unauthorized Esco Barse-cigarettes, a popular brand among young people. Earlier, the FDA had sent warning letters to each retailer accusing them of selling unauthorized tobacco products. However, subsequent inspections revealed that these retailers failed to rectify their non-compliant actions, leading the agency to seek penalties of up to $20,678 for each retailer.

 

Today, the FDA announced its first ever civil penalties against the unauthorized sale of Esco Bars e-cigarettes, following complaints. Data indicates that these products are attractive to American teenagers. According to the 2023 National Youth Tobacco Survey, Esco Bars is the second most popular brand among adolescent e-cigarette users. Approximately one-fifth of middle and high school students who have used e-cigarettes in the past 30 days reported using Esco Bars during that period.

 

Dr. Brian King, director of the FDA Center for Tobacco Products, has stated that these retailers have been warned about the potential consequences if they continue to sell unauthorized e-cigarettes. They were supposed to responsibly address their violations, but they have chosen not to do so and must now face the repercussions of their decision. The FDA will not stand idly by and tolerate non-compliance with the law.

 

Currently, $20,678 is the maximum civil penalty amount that the FDA can seek from each retailer for a single violation, which aligns with similar fines sought by the FDA in September, November, and December 2023 for the sale of unauthorized Elf Bar products. Retailers have the option to pay the fine, reach a settlement agreement based on mitigating factors, request an extension for their defense, or present a defense and request a hearing. Retailers who fail to take action within 30 days of receiving a complaint will face default orders, resulting in full penalties being imposed.

 

Today's civil fines action is just the latest move by the FDA in its efforts to rid the entire supply chain of unauthorized e-cigarettes, especially those popular among young people. As of January 30, 2024, the FDA has issued over 440 warning letters and 88 civil penalty notices to retailers, including brick-and-mortar stores and online retailers, accusing them of selling unauthorized tobacco products. In addition to actions involving retailers, the FDA has also sent warning letters to over 660 companies for illegal manufacturing and/or distribution of unauthorized novel tobacco products, including e-cigarettes. The agency has also filed civil penalty complaints against 48 e-cigarette companies, accusing them of manufacturing unauthorized products, and has sought injunctions against seven unauthorized e-cigarette product manufacturers in coordination with the U.S. Department of Justice.

 

The FDA will continue its compliance and enforcement actions against the manufacturing, distribution, importation, or sale of unauthorized e-cigarette products, including imposing civil penalties on retailers found in violation of the law. As of now, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices, which are the only legally sold e-cigarette products in the United States. Selling or distributing e-cigarettes without FDA market authorization is a violation of the Federal Food, Drug, and Cosmetic Act.

 

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

FDA Says It Will Not Take Enforcement Action Against Zone Nicotine Pouches Until Lawsuit Is Resolved
FDA Says It Will Not Take Enforcement Action Against Zone Nicotine Pouches Until Lawsuit Is Resolved
The U.S. Food and Drug Administration has told vape manufacturer Fontem US that it does not presently intend to take enforcement action against the company’s Zone nicotine pouches while litigation over the agency’s handling of the application remains unresolved.
Apr.07 by 2FIRSTS.ai
DTI drafts administrative order proposing an open-pod and e-liquid ban and opens it for public consultation
DTI drafts administrative order proposing an open-pod and e-liquid ban and opens it for public consultation
Department of Trade and Industry’s (DTI) proposed move to restrict harmful vape products to protect young people, but said only a total ban on all vaping and novel tobacco products would effectively safeguard public health. The group warned that limiting rules to certain products such as open pods and e-liquids could create a “dangerous behavioral loophole,” leading users—especially youth—to switch to disposable or closed-system alternatives instead of quitting.
Feb.10 by 2FIRSTS.ai
Japan to Raise Heated Tobacco Prices From April; BAT Japan Keeps Prices Unchanged for 38 glo Tobacco Stick Products
Japan to Raise Heated Tobacco Prices From April; BAT Japan Keeps Prices Unchanged for 38 glo Tobacco Stick Products
Japan will implement price increases centered on heated tobacco products from April 1, 2026, following a tobacco tax hike. BAT Japan has decided to keep current prices unchanged for 38 glo-compatible tobacco stick products across the Velo, neo, Lucky Strike, and Kent lines.
Mar.30 by 2FIRSTS.ai
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
The FDA updated public records on the PMTA authorization of a Glas vape product, renaming “Glas G Device” to “Glas G² Device” and releasing the order letter detailing scientific review and marketing restrictions. Company disclosures suggest the platform may include age-verification technology. If confirmed, Glas G² could be the first vape with device-level age verification to receive an FDA MGO. Glas executives also said menthol and other flavored pods could gain authorization in the future.
Special Report
Mar.14
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
Special Report|From Nicotine Pouches to Jelly? A China Tobacco Patent Explores Dual-Release NRT
Special Report|From Nicotine Pouches to Jelly? A China Tobacco Patent Explores Dual-Release NRT
A patent published on February 24, 2026, by China Tobacco Hubei Industrial Co., Ltd. introduces a “nicotine jelly” product designed to combine rapid and sustained nicotine delivery. By integrating both free and microencapsulated nicotine, the product aims to address key limitations of traditional nicotine replacement therapy (NRT), while also raising new regulatory and product classification questions.
Innovation
Mar.18