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

Kyrgyzstan considers six-month ban on e-cigarette and e-cigarettee-liquid imports
Kyrgyzstan considers six-month ban on e-cigarette and e-cigarettee-liquid imports
According to Kyrgyz media, the Ministry of Economy and Commerce has launched a public discussion on a draft decree proposing a six-month ban on the import of e-cigarettes and nicotine-containing liquids. The measure, based on Article 15-1 of the Law “On Protecting Citizens’ Health from the Consequences of Tobacco and Nicotine Use,” aims to safeguard public health and prevent youth nicotine addiction.
Nov.12 by 2FIRSTS.ai
KT&G Unveils lil hybrid 3.0 Misty Rose Limited Edition, Limited to 20,000 Devices
KT&G Unveils lil hybrid 3.0 Misty Rose Limited Edition, Limited to 20,000 Devices
KT&G has launched the limited-edition “lil hybrid 3.0 Misty Rose Edition” heated tobacco device in South Korea, betting on year-end consumer demand with a gradient rose-colored design. The release is capped at 20,000 units and is available through both online and offline channels, with an official retail price of 78,000 won (approximately USD 53).
Nov.20 by 2FIRSTS.ai
Bangladesh Tobacco Control Group Urges Reversal of Philip Morris Nicotine Pouch Factory Approval
Bangladesh Tobacco Control Group Urges Reversal of Philip Morris Nicotine Pouch Factory Approval
Advocates say the economic authority’s decision contradicts national health goals and violates a Supreme Court directive banning new tobacco ventures.
Oct.27 by 2FIRSTS.ai
South Korea’s President Raises Safety Concerns Over Nicotine Alternatives at Cabinet Meeting
South Korea’s President Raises Safety Concerns Over Nicotine Alternatives at Cabinet Meeting
South Korea’s Cabinet has approved an amendment to the Tobacco Business Act that legally classifies liquid e-cigarettes as tobacco products. Under the revision, any product containing tobacco or nicotine will fall under tobacco regulation, explicitly including synthetic nicotine vapes. The move addresses long-standing regulatory and taxation gaps.
Dec.16 by 2FIRSTS.ai
Swedish Oral Pouch Manufacturer WiJo to Establish U.S. Production Base, Targeting March 2026 Start-Up
Swedish Oral Pouch Manufacturer WiJo to Establish U.S. Production Base, Targeting March 2026 Start-Up
Swedish oral pouch manufacturer WiJo Pouches has announced plans to establish its first North American production facility in South Carolina, where it will lease a manufacturing site to produce nicotine, caffeine and functional pouch products. The project, expected to begin operations in March 2026 and create about 170 jobs, has secured tax incentive support from both state and county authorities.
Dec.05 by 2FIRSTS.ai
New York AG Seeks to Shut Down Vape Shops, Ban Owners from Industry
New York AG Seeks to Shut Down Vape Shops, Ban Owners from Industry
New York Attorney General Letitia James has filed a petition seeking to permanently shut down two smoke shops and ban their owners from the vape industry for repeatedly selling illegal flavored vapes to minors and operating without valid licenses. The nearly 50-page complaint names Eysa Sharhan and Ahmed Mozeb and their stores — Pop-In Smoke & Vape LLC, Pufftopia LLC, and Royalty Tobacco LLC — accusing them of a “persistent pattern of illegal activity.”
Oct.24 by 2FIRSTS.ai