FDA Issues Two Warning Letters to E-cigarette Businesses for Unauthorized Sales

Events
Jun.30.2022

The Food and Drug Administration (FDA) posted warning letters on June 28 to two e-cigarette businesses, VAPORIZIT LLC and Elk River Vapor Shop, for selling e-cigarette products not previously on the market.

 

According to the Federal Food, Drug, and Cosmetic Act, new tobacco products, including vapes, need a pre-market authorization order to be sold in the United States.

 

However, the FDA found Elk River’s Crack the Whip 6mg 60 ml and Peach Wht. Grape 3mg 60ml were new products not previously commercially marketed in the United States. Therefore, the products need FDA marketing authorization orders to allow the stores to sell them legally.

 

The company has over 1,100 products listed with FDA and has opened four stores across Alabama and Tennessee.

 

VAPORIZIT, with over 12,800 of its products listed with the FDA, was warned for selling Vaporizit Cosmic Cow e-liquid products without FDA approval, as the vape has not been marketed commercially before.

 

However, Victory Liquid, a business founded before VAPORIZIT in 2013, sells the same product on its website, though it is not known which company sold it first.

 

VAPORIZIT and Elk River Vapor Shop have 15 working days from June 28 to “address any violations” and bring their “products into compliance,” announce the date they will discontinue sales, or provide reasoning if they believe their sales were not a violation of the food and drug policies.

U.S. vape firms appeal Mississippi synthetic-nicotine ban, citing FDA authority preemption
U.S. vape firms appeal Mississippi synthetic-nicotine ban, citing FDA authority preemption
A coalition of U.S. vape industry groups has appealed a Mississippi law banning the sale of e-cigarette products containing synthetic nicotine, arguing the statute effectively conditions sales on FDA authorization and unlawfully encroaches on federal regulatory authority. The law took effect in July 2025 and has already begun to be enforced.
Dec.17 by 2FIRSTS.ai
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s customs data show vape (REL) excise revenue reached Rp 2.84 trillion in 2025 (≈$170.4 million), up 7.38% year over year. The gain came even as overall tobacco excise revenue declined. Minimum retail price benchmarks (HJE) for vape products rose in 2025, while excise rates remained unchanged from 2024; open-system e-liquids accounted for the largest share of revenue.
Jan.27 by 2FIRSTS.ai
Wisconsin Fines Vape Retailers Nearly $13 Million for Selling Unapproved Products
Wisconsin Fines Vape Retailers Nearly $13 Million for Selling Unapproved Products
The state of Wisconsin has fined one retailer nearly USD 12.44 million and another USD 450,000 for violating the state’s new vape sales law, which took effect in September and restricts sales to an approved list of products.
Dec.11 by 2FIRSTS.ai
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Authorities in Astana’s Baikonur District have intensified enforcement against illegal smokeless tobacco and related products in 2025. Police conducted 59 inspection raids, identifying 63 cases of illegal sales of smokeless tobacco (nasvay). Total fines imposed reached KZT 3,096,450(approximately USD 5,880). Officials said inspections and preventive outreach will continue.
Dec.29 by 2FIRSTS.ai
Over 92,000 kg of Nicotine Products Seized at Ambassador Bridge
Over 92,000 kg of Nicotine Products Seized at Ambassador Bridge
The Canada Border Services Agency seized 92,270 kilograms of undeclared nicotine products at the Ambassador Bridge over four days, according to a social media post. The confiscated items included vapes, tins, and pouches. Officials stated the seizure helps prevent profits from reaching organized crime groups.
Dec.03 by 2FIRSTS.ai
Alabama SB9 would treat vaping like smoking under indoor public-space restrictions
Alabama SB9 would treat vaping like smoking under indoor public-space restrictions
Alabama’s Senate Bill 9 would modernize the state’s indoor air quality laws by treating electronic nicotine delivery systems, including e-cigarettes and vape pens, the same as traditional tobacco smoking in indoor public spaces. Sponsored by Sen.
Jan.05 by 2FIRSTS.ai