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.

ITGA Americas Meeting Calls for Balanced Regulation as Tobacco Growers Warn of Pressure on Farms and Legal Supply Chains
ITGA Americas Meeting Calls for Balanced Regulation as Tobacco Growers Warn of Pressure on Farms and Legal Supply Chains
ITGA said tobacco grower organizations from five Americas countries called for stronger regional cooperation and balanced regulation, warning that restrictive policies could pressure farmers and legal supply chains. The article also provides data on major tobacco-producing countries in the Americas.
Special Report
Jun.02
South Korea’s Cigarette Smoking Rate Falls to 17.9%, E-Cigarette Use Continues to Rise
South Korea’s Cigarette Smoking Rate Falls to 17.9%, E-Cigarette Use Continues to Rise
Data released by the Korea Disease Control and Prevention Agency (KDCA) showed South Korea’s conventional cigarette smoking rate fell to 17.9% in 2025, while heated tobacco and liquid e-cigarette use continued to rise, particularly among young adults and women.
Jun.01
FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary resigned on May 12 after opposing the Trump administration’s push to authorize fruit-flavored vaping products, according to reporting by The New York Times. Makary reportedly objected over concerns that flavored vapes could attract young people and refused to support broader approvals.
News
May.13
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
U.S. Customs and Border Protection (CBP) announced that more than 18 million illegal e-cigarettes valued at over $175 million were seized during “Operation Red Mist,” a joint enforcement initiative involving the U.S. Coast Guard and the FDA. The operation primarily targeted maritime vape shipments originating from China and focused on combating illicit importation, transportation, and distribution activities.
Regulations
May.14
French Vape Distributor Kumulus Vape Yields About 3% as Earnings Growth Stalls
French Vape Distributor Kumulus Vape Yields About 3% as Earnings Growth Stalls
Listed French vape distributor Kumulus Vape will trade ex-dividend on June 26, 2026, and pay an annual dividend of €0.10 per share on June 30, with Simply Wall St saying the payout is covered by profit and free cash flow, while weak earnings growth remains a concern.
Industry InsightMarketNews
Jun.24
Capital Group Takes 5.61% Stake in KT&G, Joining Major Foreign Shareholders
Capital Group Takes 5.61% Stake in KT&G, Joining Major Foreign Shareholders
KT&G disclosed in a regulatory filing on Friday that Capital Research and Management Company, the investment management arm of Capital Group, had acquired a 5.61% stake through purchases made on April 22 and May 4. The move places Capital Group among KT&G’s prominent foreign shareholders, alongside BlackRock, First Eagle Investment Management and Singapore’s sovereign wealth fund GIC.
May.08 by 2FIRSTS.ai