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

Thai police arrest 23-year-old woman linked to major vape-smuggling network in the South
Thai police arrest 23-year-old woman linked to major vape-smuggling network in the South
Thai police said officers expanded an investigation into a major e-cigarette smuggling network in the South and arrested a 23-year-old woman at Hat Yai Junction railway station on Jan. 6, 2026.
Jan.08 by 2FIRSTS.ai
Russia’s St. Petersburg Sets Up Working Group to Consider Citywide Vape Sales Ban
Russia’s St. Petersburg Sets Up Working Group to Consider Citywide Vape Sales Ban
Russia’s St. Petersburg legislature has formed a working group to explore tougher controls on vape trade and sales, including the option of a citywide sales ban. The group is set to convene on Jan. 26 with participation from lawmakers, civil society and law enforcement. The move comes as Russia’s federal authorities continue to debate legislation that could allow regions to impose their own restrictions on vapes.
Jan.26 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
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
A Louisiana lawmaker has introduced HB 302, which would prohibit businesses from selling vapor products within 300 feet of schools. The bill would measure the distance by a person walking on the sidewalk from the nearest point on school property to the nearest point of the business. It would also give the commissioner authority to modify how the distance is calculated, while maintaining the 300-foot limit.
Feb.26 by 2FIRSTS.ai
Japan Tobacco expands Ploom EVO stick lineup, rolling out four new variants in Japan in two phases
Japan Tobacco expands Ploom EVO stick lineup, rolling out four new variants in Japan in two phases
Japan Tobacco (JT) is adding four new EVO variants for its Ploom heated tobacco range—Green Mint, Cacao Mint Crystal, Tropical Lime Crystal and Sakura Regular—set to launch in two waves on Jan. 22 and Feb. 3. The initial release will be via the CLUB JT online store and Ploom retail stores.
Jan.23 by 2FIRSTS.ai
Singapore HSA bust links two vape warehouses; Malaysian man jailed 41 weeks
Singapore HSA bust links two vape warehouses; Malaysian man jailed 41 weeks
HSA officers in Singapore staked out a Bishan warehouse after a tip-off and found a Malaysian man in a site containing thousands of vaporisers and components. Checks on his phone led to a second warehouse in Ubi with large quantities of devices and parts.
Jan.07 by 2FIRSTS.ai