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

Product | Vaporesso lists Vibe SE 2 on official site, offering leather/plated versions and a 1,400mAh battery
Product | Vaporesso lists Vibe SE 2 on official site, offering leather/plated versions and a 1,400mAh battery
Vaporesso has recently listed the Vibe SE 2, a new device in its Vibe series, on the brand’s official website. The product is positioned as an entry-level MTL device and features a 1,400mAh built-in battery with Type-C 1A charging. It is available in two finishes—Leather and Plated—while listings on online retail channels show prices of around $17.99 and £22.99.
Jan.30 by 2FIRSTS.ai
China Boton Group Resumes Trading, Soars 55.56% to 52-Week High; Signs Land Acquisition Agreement with Shenzhen Government - Reuters/AP
China Boton Group Resumes Trading, Soars 55.56% to 52-Week High; Signs Land Acquisition Agreement with Shenzhen Government - Reuters/AP
China Boton Group (HK.3318) resumed trading on December 10, opening at 2.800 HKD and surging 55.56%.
Dec.10 by 2FIRSTS.ai
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s customs data show vape (REL) excise revenue reached Rp 2.84 trillion in 2025 (≈$170.4 million), up 7.38% year over year. The gain came even as overall tobacco excise revenue declined. Minimum retail price benchmarks (HJE) for vape products rose in 2025, while excise rates remained unchanged from 2024; open-system e-liquids accounted for the largest share of revenue.
Jan.27 by 2FIRSTS.ai
China Boton Group Announces Temporary Trading Halt Pending Major Disposal Announcement
China Boton Group Announces Temporary Trading Halt Pending Major Disposal Announcement
China Boton Group Company Limited (Stock Code: 3318) announced that trading in its shares on the Hong Kong Stock Exchange (HKEX) was temporarily suspended at 9 a.m. on December 8, 2025. The suspension was requested by the company pending the release of an announcement related to a “very substantial disposal.”
Dec.08 by 2FIRSTS.ai
Product | INNOKIN Launches Magnetic Open-System Device, Pod + Power Bank Design Debuts in UK and US Channels
Product | INNOKIN Launches Magnetic Open-System Device, Pod + Power Bank Design Debuts in UK and US Channels
INNOKIN has recently launched its new open-system e-cigarette, EZ LEVA, on its official website, and it is now available through online channels in the UK and the United States. Featuring a magnetic design, the device adopts a pod + power bank form factor. Its 400mAh (device) + 2000mAh (charging case) battery setup follows a similar configuration logic to comparable products such as the SMOK Airmate and KIWI 2.
Dec.09 by 2FIRSTS.ai
PMI AI White Paper Warns of “Cognitive Atrophy” and Attention Erosion, Calls for Focus on Human Cognition’s Evolution
PMI AI White Paper Warns of “Cognitive Atrophy” and Attention Erosion, Calls for Focus on Human Cognition’s Evolution
Philip Morris International (PMI) has released a white paper calling for cross-sector dialogue on how AI may affect human cognitive abilities. The paper flags risks including “cognitive atrophy” and attention erosion, and warns of a widening cognitive divide and rising pressures on information verification and trust.
Jan.21 by 2FIRSTS.ai