FDA Issues Warnings to Online Retailers Selling Unauthorized E-cigarette Products

Regulations by 2FIRSTS.ai
Dec.15.2023
FDA Issues Warnings to Online Retailers Selling Unauthorized E-cigarette Products
The US Food and Drug Administration (FDA) has issued warning letters to 11 online retailers for selling unauthorized e-cigarette products.

On December 13, the Center for Tobacco Products (CTP) in the United States issued warning letters to 11 online retailers for selling unauthorized e-cigarette products. These products include brands such as Lost Mary, Funky Republic/Funky Lands, Elf Bar/EB Design, Kangvape, Cali, and Breeze.

 

Fifteen business days are given to the companies that receive the warning letter to respond, stating the actions they will take to address the non-compliant behavior discussed in the warning letter and prevent future violations. Failure to promptly rectify the non-compliant behavior may result in enforcement action by the FDA, such as injunctions, seizures, and/or civil penalties.

 

Selling or distributing e-cigarette products in the United States without FDA authorization is a violation of the Federal Food, Drug, and Cosmetic Act. In order for new tobacco products to be legally sold in the United States, they must obtain written authorization from the FDA. There are three possible ways for new tobacco products to obtain marketing authorization.

 

Dr. Brian King, Director of the FDA Center for Tobacco Products, stated:

 

Selling, importing, distributing, or providing any e-cigarette to American consumers without FDA authorization is considered illegal. The products identified in these warning letters are being marketed without the necessary authorization. We have issued warning letters to products that have submitted applications and are currently awaiting review. The suspension of an application for unauthorized tobacco products does not grant the right to sell such products.

 

These warning letters represent the latest step in the FDA's ongoing efforts to address the sales and promotion of unauthorized e-cigarettes that are attracting teenagers. By December 2023, the FDA had issued over 400 warning letters to retailers regarding unauthorized e-cigarette sales and filed civil monetary penalty complaints against more than 65 retailers and manufacturers for producing or selling unauthorized products.

 

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 | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
YOOZ has introduced the Waker Electronic Shisha device, expanding its vaping portfolio into the electronic shisha category. The device combines a rechargeable hardware platform with dedicated cartridges, featuring a 4,000mAh battery, up to 60W output power, and LED lighting effects. The product has appeared across multiple French retail channels, reflecting the continued expansion of vaping products into new consumption scenarios.
Jul.13
Hunan China Tobacco Industry files heated tobacco device patent featuring adult-user identification through pressure sensing
Hunan China Tobacco Industry files heated tobacco device patent featuring adult-user identification through pressure sensing
China-based Hunan China Tobacco Industry Co., Ltd. and Shenzhen Baisha Technology Co., Ltd. have filed a patent application covering an adult-user identification mechanism for heated tobacco devices. The patent proposes using flexible pressure sensors installed in the device grip area to collect pressure distribution patterns generated when users hold the device. The system evaluates factors including effective contact area, grip shape and contact duration, and combines roller movement detection to determine whether unlocking conditions are met. The filing reflects exploration of device-level user recognition and smarter interaction technologies for heated tobacco products (HTPs).
Aug.05
China’s Jiangsu Tobacco Monopoly Bureau and Drug Regulator Target Illegal Vape Sales Disguised as Medical Devices, Define Six Violations
China’s Jiangsu Tobacco Monopoly Bureau and Drug Regulator Target Illegal Vape Sales Disguised as Medical Devices, Define Six Violations
China’s Jiangsu Tobacco Monopoly Bureau and Jiangsu Provincial Medical Products Administration have issued a joint notice targeting illegal production and sales of vape products disguised as medical devices. The notice identifies six categories of violations, including obtaining medical licenses through false materials, misusing medical device credentials, expanding production beyond approved scopes, and using medical device-related online platforms to promote or sell vape products. The action is based on China’s tobacco and medical device regulations and aims to strengthen vape oversight and consumer protection.
Aug.04
 $20 Million, a Permanent Injunction and Distributor Controls: Posh Deal Tightens Illinois Vape Compliance
$20 Million, a Permanent Injunction and Distributor Controls: Posh Deal Tightens Illinois Vape Compliance
An Illinois court ordered three companies tied to Posh vapes to pay $20 million and permanently restricted the sale, marketing and distribution in Illinois of products lacking required FDA authorization. The consent order also imposes downstream distributor controls, age-verification measures and social-media marketing limits, creating a new state-level compliance benchmark for disposable vape businesses.
Regulations
Aug.05
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
The Ohio Supreme Court is hearing a case involving flavored vape sales and whether state authorities can use consumer protection laws to take action against retailers selling unauthorized vape products. Ohio officials argue that selling unauthorized flavored vapes may constitute consumer deception, while retailers argue that tobacco product regulation falls under federal Food and Drug Administration (FDA) authority and that states cannot impose additional restrictions through consumer laws. The case could affect the scope of state-level vape regulation across the United States.
Aug.06
Reuters: India Seeks to Dismiss Adani Nicotine Pouch Challenge as Mumbai Airport Dispute Moves to Court
Reuters: India Seeks to Dismiss Adani Nicotine Pouch Challenge as Mumbai Airport Dispute Moves to Court
Reuters reported on July 13, 2026, that India is seeking to dismiss Adani Airports’ legal challenge over nicotine pouch sales at Mumbai International Airport’s duty-free shops. Adani denies wrongdoing and argues that existing drug and cosmetics regulations do not apply to duty-free sales or nicotine pouches.
Innovation
Jul.14 by 2Firsts Perspectives