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

FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
The FDA authorized the JUUL2 device and tobacco- and menthol-flavored pods on Aug. 28, bringing the number of authorized e-cigarette products to 48. The agency highlighted complete switching among adult smokers, with six-week switching rates reaching 28.4%–49.3% for the menthol pod. The decision comes as FDA works to speed PMTA reviews, reduce application backlogs and expand authorized e-cigarette and nicotine-pouch products while maintaining enforcement priorities for unauthorized products.
Regulations
Aug.29
U.S. Fifth Circuit Vacates NicQuid Vape MDO, Says FDA Comparative-Efficacy Standard Violated APA Procedures
U.S. Fifth Circuit Vacates NicQuid Vape MDO, Says FDA Comparative-Efficacy Standard Violated APA Procedures
According to VitalLaw on August 27, 2026, the U.S. Court of Appeals for the Fifth Circuit vacated an FDA marketing denial order (MDO) against NicQuid LLC, ruling that the agency’s comparative-efficacy standard for electronic nicotine delivery system (ENDS) applications had become a substantive rule requiring notice-and-comment rulemaking under the Administrative Procedure Act (APA). The court did not reject FDA’s authority to compare the public health benefits and risks of flavored vapes, but held that the agency could not establish a broadly binding standard through informal adjudications. The case was remanded to FDA for further proceedings.
Aug.28
Exclusive Analysis | Smoore H1 Revenue Rises 19.9% Amid Growth Concentration, Profit Pressure and Slowing Momentum
Exclusive Analysis | Smoore H1 Revenue Rises 19.9% Amid Growth Concentration, Profit Pressure and Slowing Momentum
Smoore’s first-half 2026 revenue rose 19.9%, but the results revealed growing structural risks beneath the headline growth. Heat-not-burn contributed about 61% of incremental revenue and remains driven largely by one core customer, while traditional vaping markets diverged, own-brand growth slowed and China enterprise revenue declined further. Gross profit and adjusted profit lagged revenue growth, while second-quarter revenue growth slowed to about 1.9%, putting greater focus on the quality, concentration and sustainability of Smoore’s expansion.
Capital Markets
Aug.20
China’s Jiangsu Tobacco Monopoly Bureau and Drug Regulator Target Illegal Vape Sales Disguised as Medical Devices, Define Six Violations
China’s Jiangsu Tobacco Monopoly Bureau and Drug Regulator Target Illegal Vape Sales Disguised as Medical Devices, Define Six Violations
China’s Jiangsu Tobacco Monopoly Bureau and Jiangsu Provincial Medical Products Administration have issued a joint notice targeting illegal production and sales of vape products disguised as medical devices. The notice identifies six categories of violations, including obtaining medical licenses through false materials, misusing medical device credentials, expanding production beyond approved scopes, and using medical device-related online platforms to promote or sell vape products. The action is based on China’s tobacco and medical device regulations and aims to strengthen vape oversight and consumer protection.
Aug.04
PMI Expands Colorado Investment to $1.2 Billion to Boost ZYN Nicotine Pouch Production
PMI Expands Colorado Investment to $1.2 Billion to Boost ZYN Nicotine Pouch Production
Philip Morris International (PMI) is expanding its investment in its Golden, Colorado campus, bringing total investment to approximately $1.2 billion to support its smoke-free products business. The investment will strengthen PMI’s research, production and innovation capabilities in smoke-free products. As one of the world’s largest tobacco companies, PMI has continued advancing its “Smoke-Free Future” strategy through heated tobacco, oral nicotine and other reduced-risk product categories.
PMI
Jul.28
Product | OXVA Launches ONEO Pro in France, Upgrading Its Open-Pod Platform
Product | OXVA Launches ONEO Pro in France, Upgrading Its Open-Pod Platform
Vape brand OXVA has introduced the ONEO Pro, a refillable open-pod system that entered the French market in July 2026. The device features a 2,100mAh battery, up to 40W output, a 4ml refillable cartridge, multiple coil options and a 0.96-inch color TFT display. The launch reflects continued performance upgrades within the refillable open-pod segment, with brands adding higher capacity, adjustable output and smarter device interaction.
Aug.03