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

Vietnam Passes Amended Investment Law Banning E-Cigarette and Heated Tobacco Businesses
Vietnam Passes Amended Investment Law Banning E-Cigarette and Heated Tobacco Businesses
On December 11, 2025, Vietnam’s National Assembly passed the amended Investment Law, officially banning investment and business activities related to e-cigarettes and heated tobacco products. The new law also adds several high-risk and socially sensitive sectors to the list of prohibited business activities, including narcotics, wildlife trade, human organs and embryos, sex work, human cloning, fireworks, debt collection, and trade of national treasures.
Dec.11 by 2FIRSTS.ai
Philip Morris and R.J. Reynolds Face Trial Over Woman’s Lung Cancer Death in Massachusetts
Philip Morris and R.J. Reynolds Face Trial Over Woman’s Lung Cancer Death in Massachusetts
According to Law360, the family of Maria Petruzziello has taken Philip Morris and R.J. Reynolds to trial in Massachusetts, alleging the companies are responsible for her 2019 lung cancer death after decades of smoking. Plaintiffs argue her experience mirrors many smokers, while the defense points to her years-long cessation and personal choice.
Dec.03 by 2FIRSTS.ai
Wales Passes Law Banning Tobacco Sales to Anyone Born After 2009
Wales Passes Law Banning Tobacco Sales to Anyone Born After 2009
The Welsh Parliament (Senedd) has approved new legislation banning tobacco sales to anyone born on or after January 1, 2009. The law, passed on December 9, 2025, also imposes stricter controls on how vapes and nicotine products are advertised and sold. Designed by the UK Government but voted on separately in Wales, the bill passed with 36 votes in favor, two abstentions, and nine against. It grants stronger enforcement powers to Trading Standards to combat illegal tobacco and vape sales.
Dec.10 by 2FIRSTS.ai
Special Report | After the Shortage: How the U.S. Vape Market Is Rebuilding Itself
Special Report | After the Shortage: How the U.S. Vape Market Is Rebuilding Itself
After a wave of regulatory crackdowns, the U.S. vaping market is undergoing a deep reshuffle — shortages sparked frenzy, and resupply triggered elimination. Through interviews with industry insiders from both China and the United States, 2Firsts reveals how the American market is rebuilding itself amid turbulence.
Nov.12
California DOJ Outlines Next Steps for Unflavored Tobacco List; Enforcement to Target “Obviously Flavored” Products
California DOJ Outlines Next Steps for Unflavored Tobacco List; Enforcement to Target “Obviously Flavored” Products
The California DOJ issued Information Bulletin No. 2025-DLE-17 on November 10, 2025, providing an update on the state’s flavored tobacco enforcement. The Attorney General’s office is set to launch the Unflavored Tobacco List (UTL) by December 31, 2025, identifying tobacco products without characterizing flavors that may legally be sold in California. Enforcement will continue to focus on “obviously flavored” products, while unregistered products remain subject to seizure and penalties.
Nov.17 by 2FIRSTS.ai
Bhutan to Impose 115% Tax on E-cigarettes Starting January 2026
Bhutan to Impose 115% Tax on E-cigarettes Starting January 2026
The Ministry of Health (MoH) of Bhutan has announced stronger actions to combat the growing threat of e-cigarette use, especially among youth. While no new vaping-related lung collapse cases have been reported since 2024, the MoH confirmed that fiscal and legal reforms are underway to include e-cigarettes in tax and tobacco control laws starting January 2026.
Nov.05 by 2FIRSTS.ai