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

U.S. Adult Smoking Rate Falls to Historic Single-Digit Low of 9.9%, Study Shows Shift in Nicotine Use Patterns
U.S. Adult Smoking Rate Falls to Historic Single-Digit Low of 9.9%, Study Shows Shift in Nicotine Use Patterns
A new study analyzing National Health Interview Survey data found that adult cigarette smoking in the United States declined to 9.9% in 2024, down from 10.8% in 2023. The findings, published in NEJM Evidence, represent a historic milestone in U.S. tobacco control efforts. Researchers noted that while cigarette smoking is decreasing, the prevalence of e-cigarette and cigar use remained largely unchanged, suggesting a shift in nicotine consumption rather than the elimination of tobacco use.
Market
Mar.20
New Nicotine Products Added to Tax List in Delaware Budget Proposal
New Nicotine Products Added to Tax List in Delaware Budget Proposal
Delaware Governor Matt Meyer’s proposed FY2027 budget would significantly raise cigarette and nicotine product taxes to help close a $500 million budget gap and generate new revenue. The cigarette tax would rise from $2.10 to $3.60 per pack, with increases on moist snuff, e-liquids and other tobacco products. Supporters say the move is justified, while small businesses warn of potential sales losses.
Feb.17
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
Philippine Tobacco Control Coalition Backs Raising Legal Age for Vape and Tobacco Products to 25
Philippine Tobacco Control Coalition Backs Raising Legal Age for Vape and Tobacco Products to 25
A coalition of health and child rights advocates in the Philippines said it supports Health Secretary Teodoro Herbosa’s call to raise the legal age restriction for vape and tobacco products from 18 to 25. The group said scientific evidence shows that the brain of a young person continues to develop until the mid-20s, and that nicotine exposure during that period can cause lasting impairment in impulse control, learning, and mood regulation.
Mar.11 by 2FIRSTS.ai
Product | 30ml E-Liquid, 40,000 Puffs, and Three Power Settings: OXBAR Launches New DTL Product ROVOTA
Product | 30ml E-Liquid, 40,000 Puffs, and Three Power Settings: OXBAR Launches New DTL Product ROVOTA
E-cigarette brand OXBAR has launched its new DTL e-cigarette, the OXBAR ROVOTA, on its official website. The product contains 30ml of e-liquid and is officially rated for up to approximately 40,000 puffs. It has a nicotine strength of 6mg and offers around 15 flavor options. The device is equipped with a 1400mAh battery, supports Type-C charging, features a 0.4Ω dual mesh coil, and supports three power settings of 20W, 30W, and 40W.
Mar.31 by 2FIRSTS.ai
UK OPSS launches vape safety campaign focusing on use, charging and disposal
UK OPSS launches vape safety campaign focusing on use, charging and disposal
The UK Office for Product Safety and Standards (OPSS) published information on March 4, 2026, launching a new campaign to raise awareness among young people about safety issues linked to using, charging and disposing of vapes.
Mar.06 by 2FIRSTS.ai