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

FCTC: Global tobacco control treaties to address nicotine addiction, tobacco’s impact on the environment and illicit tobacco trade
FCTC: Global tobacco control treaties to address nicotine addiction, tobacco’s impact on the environment and illicit tobacco trade
More than 1,400 delegates will gather in Geneva as two major global tobacco control treaties convene to address rising nicotine addiction, environmental harms, and illicit tobacco trade—key discussions that could shape the future of global tobacco control policy.
Nov.14
2Firsts Observation | U.S. E-cigarette Regulation Enters Normalized Phase as Federal and State Authorities Tighten Compliance Frameworks
2Firsts Observation | U.S. E-cigarette Regulation Enters Normalized Phase as Federal and State Authorities Tighten Compliance Frameworks
In just two months, U.S. authorities seized over 7 million illegal e-cigarettes. 2Firsts’ analysis reveals a shift toward institutionalized regulation, with federal and state agencies intensifying enforcement — signaling a major reset in the world’s largest and most influential vaping market.
Oct.28
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
A U.S. federal court in Florida denied Philip Morris International and its subsidiaries’ motion to dismiss, allowing consumers to proceed with claims under the Florida Deceptive and Unfair Trade Practices Act alleging that Zyn nicotine pouches’ “tobacco-free” marketing is misleading. The court held that the allegations do not amount to a fraud claim and may move forward to the merits stage.
Dec.15 by 2FIRSTS.ai
Hungary’s Continental Tobacco Launches New Slay Nicotine Pouch Brand in UK Targeting Female Consumers
Hungary’s Continental Tobacco Launches New Slay Nicotine Pouch Brand in UK Targeting Female Consumers
Hungary’s Continental Tobacco Group has launched its Slay nicotine pouch brand in the UK, featuring compact, pastel-toned packaging and backed by a multi-million-pound investment and retail pilot programme to build its presence in the local market.
Dec.03 by 2FIRSTS.ai
Breaking News | China Deploys Full-Chain Crackdown on Illicit Tobacco, Enforcement Storm Looms for Illegal Tobacco and E-Cigarettes
Breaking News | China Deploys Full-Chain Crackdown on Illicit Tobacco, Enforcement Storm Looms for Illegal Tobacco and E-Cigarettes
China has issued a high-level directive to crack down on illicit tobacco activities, bringing e-cigarettes and nicotine pouches under tighter enforcement. The move follows a Premier-led meeting and underscores stepped-up oversight across the tobacco supply chain, amid the sector’s continued fiscal importance.
Dec.18
 Breaking News | FDA Adds on! Plus Nicotine Pouches to PMTA-Authorized List
Breaking News | FDA Adds on! Plus Nicotine Pouches to PMTA-Authorized List
The U.S. Food and Drug Administration (FDA) has added ON! Plus nicotine pouch products to its list of authorized products, disclosing that the brand has received Marketing Granted Orders (MGO) through the Premarket Tobacco Product Application (PMTA) pathway. The update makes on! Plus the second nicotine pouch brand authorized via PMTA, following ZYN. As of publication, the FDA had not issued a separate press release on the decision.
News
Dec.20