According to the official website of the U.S. Food and Drug Administration (FDA) on May 30th, the FDA will seek civil monetary penalties (CMP) against nine brick-and-mortar retailers and one online retailer for selling the popular e-cigarette brand "ELFBAR" targeted at teenagers.
The FDA had previously issued warning letters to these retailers, cautioning them against selling unauthorized tobacco products. However, a subsequent investigation found that these retailers had failed to correct these violations. Therefore, the FDA is now seeking to impose civil penalties of $20,678 on each retailer.
According to the 2023 National Youth Tobacco Survey, "ELFBAR" is the most commonly used brand of e-cigarettes among middle and high school students in the past 30 days, with 56.7% of teenage e-cigarette users currently using it, and about one-third (31.1%) of them considering "ELFBAR" as their "go-to" brand.
The FDA is seeking a civil penalty of $20,678 for each retailer, consistent with similar fines sought against retailers who have sold the unauthorized product in recent months. Retailers have the option to pay the fine, reach a settlement agreement, request an extension to respond, or request a hearing. If the retailer does not take action within 30 days of receiving the complaint, they may face a default order to pay the full penalty.
So far, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices. These are the only e-cigarette products currently available for legal sale and distribution in the United States, and specific information can be found in the searchable tobacco product database published by the FDA.
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