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

Thailand’s DDC Files Complaint Over Online Sales of Nicotine Pouches
Thailand’s DDC Files Complaint Over Online Sales of Nicotine Pouches
Thailand’s Department of Disease Control has lodged a complaint over the alleged online sale of nicotine pouches. The department said its monitoring found the products were being advertised and sold through electronic media, and a further inquiry later identified a physical shop linked to a store in Pathum Thani province.
Mar.23 by 2FIRSTS.ai
Imperial Brands to Close Langenhagen Cigarette Factory by 2027
Imperial Brands to Close Langenhagen Cigarette Factory by 2027
Imperial Brands said it will gradually close the Reemtsma factory in Langenhagen near Hanover by 2027 after efforts to find a buyer failed to produce a sustainable agreement. The factory has produced cigarettes since 1971 and currently affects around 600 employees. The company said it had examined all realistic options over recent months but did not receive a binding offer from a potential buyer.
Mar.27 by 2FIRSTS.ai
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
A new report from Cancer Council’s Generation Vape research project shows that fewer teenagers in New South Wales are trying vaping after the state government introduced tougher vaping goods laws. Among surveyed NSW teenagers aged 14 to 17, the proportion who had tried vaping fell from 29.6% in April 2024 to 20.1% in October 2025.
Mar.17 by 2FIRSTS.ai
Türkiye Records 4,163 E-Cigarette Smuggling Raids Over Five Years, With Seizures Worth TRY 1.84 Billion
Türkiye Records 4,163 E-Cigarette Smuggling Raids Over Five Years, With Seizures Worth TRY 1.84 Billion
Turkish Trade Minister Ömer Bolat disclosed enforcement figures on e-cigarette smuggling in response to a written parliamentary question. Over the past five years, Türkiye recorded 4,163 raids targeting e-cigarette smuggling, preventing illegal e-cigarettes, liquids and components worth TRY 1.84 billion, or about USD 40.68 million based on an exchange rate of USD 1 = TRY 45.2339, from reaching the market.
May.07 by 2FIRSTS.ai
BAT AGM Highlights Smokeless Strategy, AI Capability and Regulatory Engagement
BAT AGM Highlights Smokeless Strategy, AI Capability and Regulatory Engagement
BAT Chair Luc Jobin told shareholders at the company’s 2026 Annual General Meeting that BAT delivered on its plans in 2025 despite a challenging external environment, with the U.S. business returning to growth, smokeless consumers increasing by more than 15%, improved New Categories contribution, and GBP 6.3 billion returned to shareholders.
Apr.16 by 2FIRSTS.ai
BAT Appoints Constantinescu as CFO,He Previously Spent 16 Years at the Company
BAT Appoints Constantinescu as CFO,He Previously Spent 16 Years at the Company
BAT has appointed Dragos Constantinescu as chief financial officer. Constantinescu, currently head of Asahi Europe & International, will join the company on September 1 and replace Javed Iqbal, who has served as interim finance chief since August last year
Apr.09 by 2FIRSTS.ai