FDA Takes Civil Penalty Lawsuits Against 25 US Retailers for Illegally Selling Unapproved Vapes

Regulations by 2FIRSTS.ai
Dec.06.2023
FDA Takes Civil Penalty Lawsuits Against 25 US Retailers for Illegally Selling Unapproved Vapes
FDA fines 25 US retailers and online shops for illegally selling unapproved e-cigarette products, targeting youth-favored brand ELFBAR.

According to an announcement made by the US Food and Drug Administration (FDA) on December 5th, the FDA has filed civil monetary penalty (CMP) lawsuits against 25 physical stores and online retailers in the United States. These retailers have been illegally selling e-cigarette products that have not yet obtained FDA approval.

 

The FDA had previously issued warning letters to each retailer, urging them to cease the sale of unauthorized tobacco products. However, subsequent inspections revealed that these retailers failed to rectify their non-compliant behavior, resulting in the imposition of these civil fines by the FDA.

 

According to the 2023 National Youth Tobacco Survey data, e-cigarette products are especially popular among young people. The survey revealed that ELFBAR is the most frequently used brand of e-cigarettes among middle and high school students, with a usage rate as high as 56.7%.

 

Lawsuits demand that a maximum fine of $19,192 be imposed on each retailer for a single violation. Retailers have the option to either pay the fine, reach a settlement agreement based on mitigating factors, request an extension to respond to the lawsuit, or submit a reply and request a court hearing. Failure to take any action within 30 days of receiving the lawsuit may result in a default judgment requiring the retailer to bear the full amount of the fine.

 

As of today, a total of 67 lawsuits have been filed against retailers for selling unauthorized e-cigarettes. In September and November, the FDA initiated similar monetary requests for civil money penalties (CMP) against 42 physical retail establishments in 18 states for selling unauthorized products.

 

This operation encompasses retailers from 14 states, marking the first time cases have been brought against online retailers.

 

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

Kentucky to issue provisional state licenses to tobacco, nicotine and vapor retailers who applied before Jan. 1, 2026
Kentucky to issue provisional state licenses to tobacco, nicotine and vapor retailers who applied before Jan. 1, 2026
Kentucky will issue provisional state licenses to tobacco, nicotine and vapor product retailers that applied for a license with the Department of Alcoholic Beverage Control (ABC) before Jan. 1, 2026.
Dec.31 by 2FIRSTS.ai
BAT Taps McLaren Title Win for Travel Retail Activation, Launches VELO “Champions’ Edition” Nicotine Pouches
BAT Taps McLaren Title Win for Travel Retail Activation, Launches VELO “Champions’ Edition” Nicotine Pouches
British American Tobacco (BAT) is leveraging McLaren F1 Team’s 2025 Constructors’ Championship win to roll out a VELO×McLaren brand activation across the travel retail market. The campaign spans major airports in Abu Dhabi, the UK, Ireland and Spain, alongside the launch of a VELO “Champions’ Edition” product.
Dec.15 by 2FIRSTS.ai
Malaysia MOH: 25,643 enforcement operations and 496,247 premises inspected nationwide as of Nov. 30
Malaysia MOH: 25,643 enforcement operations and 496,247 premises inspected nationwide as of Nov. 30
Malaysia’s Ministry of Health said it conducted 25,643 enforcement operations involving inspections of 496,247 premises nationwide as of Nov.
Jan.09 by 2FIRSTS.ai
Irish Vape Group Urges Full Scrutiny of Single-Use Vape Bill
Irish Vape Group Urges Full Scrutiny of Single-Use Vape Bill
Responsible Vaping Ireland (RVI) has urged TDs to fully scrutinise the Public Health (Single-Use Vapes) Bill 2025 as it comes before the Dáil for debate. Representing more than 3,300 independent vape retailers, RVI stressed that meaningful consultation with retailers and enforcement authorities is essential to ensure the ban meets its public health and environmental goals without unintended consequences.
Dec.17 by 2FIRSTS.ai
Jordan Reduces HTP and Vape Tax Burden as National Smoking Rate Hits 51.6%
Jordan Reduces HTP and Vape Tax Burden as National Smoking Rate Hits 51.6%
Jordan has published amendments to its special tax system reducing taxes on heated tobacco products, electronic cigarettes and e-liquids, with some reductions reaching 50%. Under the revised rules, taxes on devices and liquids have been lowered, prompting concern among medical and parliamentary circles. The government has not issued an official explanation for the move.
Dec.24 by 2FIRSTS.ai
BAT’s Vuse Ultra listed as GOOD DESIGN Awards winner; features app connectivity and adjustable intensity
BAT’s Vuse Ultra listed as GOOD DESIGN Awards winner; features app connectivity and adjustable intensity
British American Tobacco’s (BAT) Vuse Ultra vaping product has been listed among winners on the U.S. GOOD DESIGN Awards website, in the “Personal Experience” category, according to the project page. The page identifies the award year as 2025 and names BAT (London) as both the entrant and the manufacturer.
Jan.20 by 2FIRSTS.ai