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

Washington Policy Media Flags Surge: China’s Monthly Vape Exports Jump from 2.2M Kg to 14.8M Kg; Crackdown Effectiveness Questioned
Washington Policy Media Flags Surge: China’s Monthly Vape Exports Jump from 2.2M Kg to 14.8M Kg; Crackdown Effectiveness Questioned
The Washington Examiner on December 9, 2025, reported: China's vape export volume to the U.S. rebounded sharply from 2.2 million kilograms to 14.8 million kilograms despite the crackdown. This volatility, confirming the annual multi-billion dollar trade gap, is the "Bullwhip Effect" in action. It transfers massive inventory to the U.S. market, putting the working capital of Chinese manufacturers and the supply chain at severe risk of lock-up and failure. Regulatory escalation is now imminent.
News
Dec.11
Philippine BIR Will Destroys Nearly 450,000 Illicit Vape Products Over Unpaid Taxes
Philippine BIR Will Destroys Nearly 450,000 Illicit Vape Products Over Unpaid Taxes
The Philippine Bureau of Internal Revenue has led a nationwide destruction of illicit vape products, citing unpaid excise taxes and penalties amounting to 1.34 billion pesos(approximately US$22 million). Nearly 450,000 units are scheduled for destruction over three days across multiple revenue regions. The seized products violated excise tax laws due to non-payment of taxes, lack of internal revenue stamps, and non-registration of vape brands.
Dec.15 by 2FIRSTS.ai
Singapore’s Underground Vape Chain Revealed:How Dispatchers, Telegram Groups, and Small “Online Shops” Form an Operating Model
Singapore’s Underground Vape Chain Revealed:How Dispatchers, Telegram Groups, and Small “Online Shops” Form an Operating Model
A vape-related case reported by The Straits Times illustrates the typical operating methods of Singapore’s underground vape trade, including Telegram-based “online shops,” centrally coordinated scheduling, and small-volume, fragmented deliveries. The case highlights the segmented and concealed nature of the country’s black-market vape network. Drawing on the report, 2Firsts uses this case as a sample to map out the structure and operational patterns of Singapore’s underground vape chain.
Dec.02 by 2FIRSTS.ai
Luxembourg Passes Bill 8333: Heated Tobacco and Nicotine Pouches Regulated
Luxembourg Passes Bill 8333: Heated Tobacco and Nicotine Pouches Regulated
Luxembourg’s Chamber of Deputies adopted Bill No. 8333, transposing EU Directive 2022/2100 and extending tobacco controls to heated tobacco, e-cigarettes and nicotine pouches. The law bans flavourings, restricts sales to minors, and caps nicotine content at 0.048 mg per pouch. CBD and caffeine additives are prohibited.
Nov.03 by 2FIRSTS.ai
Australia TGA Warns Delivery Platforms: Don’t Promote or Supply Vapes Illegally
Australia TGA Warns Delivery Platforms: Don’t Promote or Supply Vapes Illegally
The Therapeutic Goods Administration (TGA) warned online delivery platforms not to breach Australian vape laws and said it worked with two major companies to remove non-compliant material. Under the Therapeutic Goods Act 1989, advertising vapes to the public is banned and sales are pharmacy-only; tobacconists and convenience stores cannot supply vapes. TGA will continue enforcement, with severe penalties for breaches.
Oct.30 by 2FIRSTS.ai
China Announces Crackdown on Illegal Nicotine Pouch Manufacturing Involving Counterfeit VELO, ZYN, and PABLO Products
China Announces Crackdown on Illegal Nicotine Pouch Manufacturing Involving Counterfeit VELO, ZYN, and PABLO Products
The case is valued at approximately 400,000 yuan, and two suspects have been taken into custody.Video footage released by authorities shows that the counterfeit products involved well-known market brands such as VELO, ZYN, and PABLO.
Dec.01