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.

AIR Shares Drop 18.6% in Nasdaq Debut, Testing Hookah’s Move Toward Public Markets
AIR Shares Drop 18.6% in Nasdaq Debut, Testing Hookah’s Move Toward Public Markets
AIR Global’s Nasdaq debut under ticker AIIR ended with a 18.6% first-day decline, giving the global hookah industry a rare public-market reference point. Beyond one company’s share move, the listing raises a broader question: can a culturally rooted, fragmented and venue-based category evolve into a more scalable and investable consumer sector?
Special Report
May.19
Tennessee House Advances Bill to Direct Vape Tax Revenue to Youth Nicotine Prevention
Tennessee House Advances Bill to Direct Vape Tax Revenue to Youth Nicotine Prevention
The Tennessee House of Representatives advanced legislation this week aimed at curbing underage use of vapor products. House Bill 2360 would allocate 30% of tax revenue from vapor products to counties to support youth nicotine prevention programs across the state.
Mar.23 by 2FIRSTS.ai
Brazil’s Teen E-Cigarette Experimentation Rate Rises to 29.6% Over Five Years
Brazil’s Teen E-Cigarette Experimentation Rate Rises to 29.6% Over Five Years
Brazil’s National School Health Survey (PeNSE) 2024 found that e-cigarette experimentation among students aged 13 to 17 rose from 16.8% in 2019 to 29.6% in 2024, while use in the previous 30 days increased from 8.6% to 26.3%. Over the same period, conventional cigarette experimentation fell from 22.6% to 18.5%, and hookah use declined from 26.9% to 16.4%.
Mar.26 by 2FIRSTS.ai
U.S. Company Seeks Cancellation of “Lost Mary” Vape Trademark
U.S. Company Seeks Cancellation of “Lost Mary” Vape Trademark
North Carolina hemp provider JLT Imports Inc. has filed suit in California federal court seeking cancellation of the “Lost Mary” vape trademark held by Chinese company Imiracle (HK) Ltd.
Mar.30 by 2FIRSTS.ai
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
U.S. Customs and Border Protection (CBP) announced that more than 18 million illegal e-cigarettes valued at over $175 million were seized during “Operation Red Mist,” a joint enforcement initiative involving the U.S. Coast Guard and the FDA. The operation primarily targeted maritime vape shipments originating from China and focused on combating illicit importation, transportation, and distribution activities.
Regulations
May.14
Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
The Azerbaijan Institute of Standardization (AZSTAND) has announced the cancellation of state standard AZS 941:2023, “Electronic Cigarettes. General Technical Specifications.”Under legal amendments adopted on December 30, 2025, Azerbaijan has prohibited from April 1, 2026 the import, export, manufacture, storage, wholesale and retail sale, and use of e-cigarettes and their components.
Apr.07 by 2FIRSTS.ai