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

Virginia Restricts Vape Sales to Products Listed in State Directory From April 1
Virginia Restricts Vape Sales to Products Listed in State Directory From April 1
From April 1, vape shops in Virginia may sell only liquid nicotine and vapor products listed in the state directory. The Office of the Attorney General has recommended that commonwealth attorneys begin enforcing the 2024 law.
Apr.02 by 2FIRSTS.ai
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
On March 4, 2026, more than 160 public interest organizations worldwide sent a letter to Formula 1 urging it to expand its 2006 prohibition on cigarette sponsorships to include nicotine pouches and other tobacco products. The letter states that Philip Morris International sponsors Ferrari to promote ZYN pouches, while British American Tobacco sponsors McLaren with its Velo brand, with logos displayed on cars and drivers’ race suits and promoted on social media.
Mar.06 by 2FIRSTS.ai
Surrey councillor calls for tougher vape sales controls, seeking the “most restrictive legally supportable” package
Surrey councillor calls for tougher vape sales controls, seeking the “most restrictive legally supportable” package
Surrey Councillor Gordon Hepner presented a notice of motion calling on council to “wage war on vaping” by strengthening controls on the sale of vaping products in the city, citing vaping as a “serious health concern,” especially among youth. Hepner said the motion directs staff to bring back the “most restrictive legally supportable” package from the City’s 2019 bylaw work to materially reduce where and how vape products can be sold, including licensing controls and enforcement.
Feb.10 by 2FIRSTS.ai
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Several vape manufacturers and distributors, including Shenzhen Smoore Technology Co. Ltd., Smoore International Holdings, 3Win Corp., Jupiter Research LLC, Canna Brand Solutions, and Greenlane Holdings Inc., have filed motions seeking dismissal of consumer claims in consolidated antitrust litigation in the U.S. District Court for the Northern District of California.
Events
Feb.24
Manchester’s Cheetham Hill Hosts 54 Vape Shops Across Two Streets
Manchester’s Cheetham Hill Hosts 54 Vape Shops Across Two Streets
Cheetham Hill in Greater Manchester has become one of the UK’s most concentrated vape retail clusters, with 54 e-cigarette shops operating along two adjacent streets following a police crackdown on counterfeit goods in the area.
Feb.21
PMI reshuffles U.S. footprint: Swedish Match to shut Richmond office in April; most staff may be relocated
PMI reshuffles U.S. footprint: Swedish Match to shut Richmond office in April; most staff may be relocated
Swedish Match, a unit of Philip Morris International (PMI), will close its office in Richmond, Virginia, in April 2026 and eliminate 135 positions. PMI said the move is tied to adjustments in its U.S. operating footprint.
Feb.03