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

Tasmanian Lower House Passes Tougher Tobacco Bill With Higher Penalties for Sales to Minors
Tasmanian Lower House Passes Tougher Tobacco Bill With Higher Penalties for Sales to Minors
The Tasmanian House of Assembly has passed a new bill aimed at cracking down on the sale of smoking products to children and curbing the illicit tobacco trade. Under the Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026, businesses caught selling tobacco products to minors would face steeper, tiered fines.
Apr.23 by 2FIRSTS.ai
Philip Morris Limited Launches Delia to Expand IQOS Iluma Consumables Portfolio
Philip Morris Limited Launches Delia to Expand IQOS Iluma Consumables Portfolio
Philip Morris Limited has announced the launch of Delia, the latest addition to its portfolio of heated tobacco and zero-tobacco sticks exclusively compatible with the IQOS Iluma range.
Apr.03 by 2FIRSTS.ai
Geekvape Launches New E-cigarette "KLOUD" with Unique Oil Refill and Cartridge Swapping Features
Geekvape Launches New E-cigarette "KLOUD" with Unique Oil Refill and Cartridge Swapping Features
GEEKVAPE launches new e-cigarette KLOUD, featuring hybrid design for oil filling and cartridge swapping, priced at $7.49.
Apr.01 by 2FIRSTS.ai
Philip Morris Korea to Launch IQOS Iluma i One “Electric Purple” Color, Expanding Into Major Convenience Store Channels From May
Philip Morris Korea to Launch IQOS Iluma i One “Electric Purple” Color, Expanding Into Major Convenience Store Channels From May
Philip Morris Korea said on March 31 that it will begin selling the new “Electric Purple” color for the heated tobacco device IQOS Iluma i One at major convenience stores nationwide in South Korea starting May 2. The color will first be introduced on April 10 at the official IQOS online store and nine IQOS directly operated stores nationwide. To mark the expansion of its sales channels, the company will run promotions at major convenience stores through May 20.
Mar.31
Serbian Parliament Passes Trade Laws Banning Sales of E-Cigarettes and Nicotine Products to Minors
Serbian Parliament Passes Trade Laws Banning Sales of E-Cigarettes and Nicotine Products to Minors
Serbia’s parliament has adopted a package of trade laws aimed at increasing consumer protection while introducing a range of changes for merchants and online platforms. One of the most important new measures is a ban on the sale of e-cigarettes and other nicotine products to minors, tightening youth protection rules.
Apr.24 by 2FIRSTS.ai
Exclusive | Shenzhen Tobacco Authorities Ask Licensed Chinese Vape Manufacturers to Submit STN Details for U.S.-Bound Products
Exclusive | Shenzhen Tobacco Authorities Ask Licensed Chinese Vape Manufacturers to Submit STN Details for U.S.-Bound Products
Shenzhen tobacco authorities have asked licensed Chinese vape manufacturers to submit STN details for U.S.-bound products, including CTP Portal or STN email screenshots, highlighting a new compliance signal in cross-border oversight.
Apr.02