FDA Struggles to Enforce Regulations on Illegal E-Cigarette Sales

Aug.26.2022
FDA Struggles to Enforce Regulations on Illegal E-Cigarette Sales
FDA cracks down on illegal sales of nicotine-containing e-cigarettes and liquids, but some companies continue to ignore their orders.

According to a report by STAT, since 2021, electronic cigarettes and e-liquids containing nicotine have been classified as prescription-only drugs, prompting the Food and Drug Administration (FDA) to crack down on companies selling these products without approval. Despite the FDA's orders, however, many companies continue to produce and sell illegal goods.


In addition, the trend of defining FDA requirements seems to be emerging, with both tobacco shops and online retailers taking the lead despite facing penalties of seven figures and product removal. However, the FDA has yet to take action.


The FDA has always been a toothless tiger that the industry is not afraid to ignore," said Matt Myers, the Chairman of the Smoke-free Kids Campaign.


As a result, there are indications that the organization may change its approach to problem-solving.


In an email to STAT, a spokesperson wrote, "The agency is currently working to further enforce regulations against companies that are continuing to sell illegal products in the market despite being banned. The FDA is currently in discussions with the Department of Justice (DOJ) regarding potential enforcement actions.


The regulations of the FDA are unclear.


On the other hand, e-cigarette stores are using the argument that the regulations from the organization are not clear enough to prove the legitimacy of their actions.


Amanda Wheeler, the President of a US vapor manufacturing company, stated that, "the agency lacks clarity or transparency to piece together which products can still be legally sold. We suggest companies voluntarily close their operations because FDA's inability to sort out their filing system is irresponsible both legally and ethically.


At the same time, these companies have a deadline of September 2020 to apply for FDA approval to sell their e-cigarette products. In the years leading up to this deadline, the e-cigarette industry has flourished into a $6 billion market, selling its products without FDA approval.


For example, Juul Labs Inc., a company valued at $15 billion with 1,500 employees, originally started as a small business with only 200 people. However, according to CNBC, the company announced in June that it will no longer sell Juul e-cigarettes in the United States. Despite previously seeking FDA approval for their e-cigarette devices and tobacco products, the agency cited insufficient or contradictory data from Juul regarding product usage.


The FDA is issuing a marketing denial order without the required data to determine relevant health risks," said Michele Mital, acting director of the FDA Center for Tobacco Products, in a statement.


Statement:


This article is compiled from third-party information and is only intended for industry exchange and learning.


This article does not represent the views of 2FIRSTS, and 2FIRSTS is unable to confirm the authenticity and accuracy of the article's content. The translation of this article is intended only for communication within the industry and for research purposes.


Due to limitations in our translation abilities, the translated article may not fully express the same meaning as the original. Please refer to the original article for accuracy.


2FIRSTS maintains complete alignment with the Chinese government on any domestic, Hong Kong, Macau, Taiwan, or foreign-related expression and position.


The copyright for compiled information belongs to the original media and authors. If there is any infringement, please contact us to have it removed.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

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
BAT Regional Director Fred Monteiro Supports Spain’s Nicotine Rules but Opposes 0.99mg Nicotine Pouch Limit
BAT Regional Director Fred Monteiro Supports Spain’s Nicotine Rules but Opposes 0.99mg Nicotine Pouch Limit
Spanish newspaper El Confidencial interviewed Fred Monteiro, Regional Director for Americas and Europe at British American Tobacco (BAT). Monteiro said BAT supports setting regulatory limits for nicotine products but opposes Spain’s proposed 0.99mg nicotine-per-pouch limit, arguing that such a restriction could affect adult smokers’ transition to alternatives. He said nicotine regulation should be based on scientific evidence and harm reduction principles. Monteiro also said smoke-free products now account for around 25% of BAT’s Americas and Europe business and nearly 30% of its Europe business
BAT
Jul.30
Kantar Study Finds More Than 93% of Vape Products in Ukraine Fail Regulatory Requirements
Kantar Study Finds More Than 93% of Vape Products in Ukraine Fail Regulatory Requirements
According to Interfax-Ukraine, a study conducted by market research firm Kantar Ukraine at the request of major tobacco companies found that more than 93% of vape products in Ukraine did not fully comply with regulatory requirements. The research examined product categories, brand distribution and consumer purchasing channels, showing that pod systems and disposable vapes represent major segments of the market, while offline retail remains the dominant purchasing channel. The findings highlight ongoing compliance challenges in Ukraine’s vape market.
Aug.26
BREAKING | China’s Tobacco Regulator Summons iMiracle Over Suspected Compliance Breaches
BREAKING | China’s Tobacco Regulator Summons iMiracle Over Suspected Compliance Breaches
Based on public records reviewed by 2Firsts, this is the first time China’s State Tobacco Monopoly Administration has publicly announced regulatory talks with an e-cigarette company.
Jul.29
U.S. House Defense Bill Includes Pilot Review of Vapes, Nicotine Pouches and Heated Tobacco for Military Smokers
U.S. House Defense Bill Includes Pilot Review of Vapes, Nicotine Pouches and Heated Tobacco for Military Smokers
On July 23, 2026, the U.S. House of Representatives passed its version of the Fiscal Year 2027 National Defense Authorization Act (NDAA), which includes Section 707 provisions requiring the Department of Defense to evaluate tobacco use and nicotine alternatives among military personnel. The pilot program would examine products including vapes, nicotine pouches and heated tobacco products, primarily among active-duty service members who continue using combustible tobacco. The provision is a policy evaluation effort, not an authorization for military vaping promotion or a ban on vape products.
Jul.28
JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
Less than a week after JUUL2 received U.S. FDA marketing authorization on August 28, 2026, JUUL Labs was sued for patent infringement in federal court in Delaware. AJ Marketing LLC filed the complaint on September 3, alleging that both JUUL 1 and JUUL2 infringe U.S. Patent No. 8,851,068 B2. The patent covers aspects of programmable electronic vaporization devices, including controls over dose delivery, usage frequency and operating parameters. The plaintiff is seeking reasonable royalties and ongoing royalties tied to the remaining life of the patent. JUUL has not yet publicly responded to the case.
Sep.10