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.

Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana's Alcohol and Tobacco Commission (ATC) ordered tobacco certificate holders in September to remove certain vaping products marketed under Elf Bar, Lost Mary, MR FOG, iJOY and other brands from inventory under the state's foreign-adversary product law. The agency later listed 257 MR FOG products and 77 Lost Mary product entries as lawful for sale. The Lost Mary revision expressly stated that compliance evidence had been received for 20 additional products. 2Firsts compliance expert Kurt said potential filings could include e-liquid and ingredient-origin records, U.S. nicotine-analog supply-chain documentation and FDA premarket application status.
Regulations
Oct.08
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's liquid-vape market is showing changes across raw-material imports, product types and sales channels after synthetic nicotine came under the Tobacco Business Act on April 24. Customs data show nicotine-analogue imports totaled 12,126 kilograms from April through August, while synthetic-nicotine imports over the same five months totaled 231,663 kilograms, just 39.3% of the amount imported in March alone. Physical liquid-vape stores tracked in Seoul and Gyeonggi Province fell 9.9%, unmanned outlets edged higher and online sales listings increased from 27,774 to 42,437. Government testing of 105 liquid inhalation products promoted as nicotine-free separately found nicotine in 13 and 6-methylnicotine in 12.
Sep.22
Product | Juul Labs Launches Upgraded JUUL2 Kit in UK With Four Pods at £9.99 and USB-C Charging
Product | Juul Labs Launches Upgraded JUUL2 Kit in UK With Four Pods at £9.99 and USB-C Charging
Juul Labs UK has introduced an upgraded JUUL2 Starter Kit for the UK market in October 2026, retaining a recommended retail price of £9.99 while doubling the number of included pods from two to four. The kit contains Crisp Menthol, Virginia Tobacco, Mango and Watermelon pods. The updated device replaces the previous proprietary charging dock with a USB-C port and offers longer battery life. The kit also features reduced packaging and retains a two-year limited warranty. Distribution is scheduled through major UK retailers, wholesalers, convenience stores and the JUUL UK website.
product
Oct.15
Ireland Raises Nicotine Product Taxes Again as Cigarettes Gain €1 and Vape Duty Is Set to Jump 40%
Ireland Raises Nicotine Product Taxes Again as Cigarettes Gain €1 and Vape Duty Is Set to Jump 40%
Ireland has increased tobacco excise under Budget 2027 and announced a further rise in its E-liquid Products Tax. From Oct. 7, the tax burden on a pack of 20 cigarettes in the most popular price category increased by €1, with pro-rata increases on other tobacco products. The government plans to raise EPT from €0.50 to €0.70 per millilitre from Jan. 1, 2027, a 40% increase applying to both nicotine-containing and nicotine-free e-liquids. The tobacco duty increase is expected to raise about €63.1 million in a full year.
Regulations
Oct.09
Reynolds Showcases Vuse Pro Flavors and VELO Nicotine Pouches at NACS Show 2026
Reynolds Showcases Vuse Pro Flavors and VELO Nicotine Pouches at NACS Show 2026
Reynolds American, a BAT subsidiary, showcased four Vuse Pro flavored e-cigarette pods and its VELO nicotine pouch portfolio at NACS Show 2026. Booth staff confirmed to 2Firsts that the Vuse Pro flavors are sold in the U.S., although they have not received FDA marketing authorization. BAT outlined plans to expand Vuse retail distribution and reported that VELO held a 30.5% year-to-date volume share of the U.S. modern oral nicotine category through August 2026. The booth also featured the newly launched VELO MAX range and merchandising displays combining cigarettes, vaping products and oral nicotine brands.
EXPO
Oct.09
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Juul Labs displayed its JUUL2 e-cigarette system alongside existing products, age-verification messaging and mobile coupons, 2Firsts observed. The JUUL2 device and Virginia Tobacco and Polar Menthol pods received FDA marketing authorization in August 2026. Booth materials highlighted longer battery life, greater e-liquid capacity and connected-device features. A TruAge sign and a mobile coupon presentation also featured at the booth, with weekly offers available to age-verified adult nicotine consumers at participating retailers.
EXPO
Oct.09