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

JTI Invests ₱2.1 Billion to Upgrade Batangas Manufacturing Hub, Adds First Southeast Asia DIET Facility
JTI Invests ₱2.1 Billion to Upgrade Batangas Manufacturing Hub, Adds First Southeast Asia DIET Facility
JTI Asia Manufacturing Corp. has invested ₱2.1 billion, or about $37 million, in its manufacturing site in Malvar, Batangas, Philippines, to expand tobacco-processing capabilities. About ₱1.9 billion is allocated to JTI's first Dry Ice Expanded Tobacco, or DIET, facility in Southeast Asia, while more than ₱177 million has been spent on expanding its Controlled Atmosphere treatment facility. The Batangas plant supplies the Philippine market and exports to 22 overseas markets, making it one of JTI's key manufacturing hubs in Asia.
Sep.24
Product | PMJ Adds Bold Ruby to IQOS ILUMA i Lineup in Japan, Convenience-Store Rollout Starts Sept. 29
Product | PMJ Adds Bold Ruby to IQOS ILUMA i Lineup in Japan, Convenience-Store Rollout Starts Sept. 29
Philip Morris Japan (PMJ) launched Bold Ruby as a new regular color for the IQOS ILUMA i and IQOS ILUMA i ONE in Japan on September 16, 2026, priced at JPY 6,980 and JPY 3,980, respectively. Initial sales began through IQOS online and physical channels, with convenience stores and selected tobacco retailers set to follow from September 29. Bold Ruby is a regular rather than limited-edition colorway and is available for the ILUMA i and ILUMA i ONE, but not the ILUMA i PRIME. The release does not involve changes to the devices' core hardware or functions.
Sep.22
U.S. Military Could Test Nicotine Pouches and Vapes for Smoking Cessation as Washington Examiner Cites ZYN and Potential $4 Billion Reduction in Related Defense Costs
U.S. Military Could Test Nicotine Pouches and Vapes for Smoking Cessation as Washington Examiner Cites ZYN and Potential $4 Billion Reduction in Related Defense Costs
The House-passed FY2027 National Defense Authorization Act includes a provision authorizing the defense secretary to conduct a one-year smoking-cessation pilot for active-duty service members. Section 707 lists counseling, nicotine gum and patches alongside what the bill calls "electric nicotine delivery systems," nicotine pouches and heat-not-burn products. A recent Washington Examiner op-ed cited ZYN as an example in arguing for the provision, but the legislation does not name any commercial brand or supplier. ZYN is made by PMI-owned Swedish Match USA, with specified products holding FDA marketing authorizations and modified risk orders.
Sep.20
Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
The Texas Comptroller of Public Accounts ruled in September 2026 that a combustible product made with non-tobacco plant material and 6-methylnicotine (6-MN), a synthetic nicotine analog, qualifies as a taxable tobacco product. The applicant said the product contained neither tobacco leaf nor measurable conventional nicotine. The determination applies reasoning from a May Texas Supreme Court decision involving VELO nicotine pouches, finding that the plant material and 6-MN together perform the functions of tobacco in a conventional smoking product. The ruling carries applicable tax, licensing and reporting obligations but is limited to the facts submitted by the taxpayer. It does not establish a blanket tax classification for all 6-MN products or extend the same conclusion to e-cigarettes.
Regulations
Nov.06
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Swedish nicotine pouch brand Kelly White is building its strategy around adult female consumers. Founder and CEO Sophia Wilsby told 2Firsts that women accounted for around 70% of the brand’s repeat customers on HAYPP in Sweden in 2025. The interview explores female consumer segmentation, product and design differentiation, gender stereotypes, packaging regulation, and how independent brands can compete with global players such as ZYN and VELO while considering funding, partnerships and future ownership options.
Business
Sep.24
Latest UK ONS Data: 54% of Vapers Are Former Cigarette Smokers, 26% Also Smoke and 20% Never Smoked Regularly
Latest UK ONS Data: 54% of Vapers Are Former Cigarette Smokers, 26% Also Smoke and 20% Never Smoked Regularly
Former cigarette smokers accounted for an estimated 54% of current e-cigarette users in Great Britain in 2025, while 26% also smoked cigarettes and 20% had never regularly smoked, according to a 2Firsts analysis of Office for National Statistics (ONS) data. Among former cigarette smokers who currently vape, approximately 81% used e-cigarettes daily, compared with about 50% of dual users. The ONS found that 33.8% of current cigarette smokers also vaped in 2025, up from 10.6% in 2014. Approximately 1.1 million adults who had never regularly smoked cigarettes used e-cigarettes, representing 2.9% of that population, compared with 0.2% in 2014. The figures highlight differences in the composition, frequency of use and long-term trends across Britain's vaping population.
DATA
Oct.14