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

Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
The Azerbaijan Institute of Standardization (AZSTAND) has announced the cancellation of state standard AZS 941:2023, “Electronic Cigarettes. General Technical Specifications.”Under legal amendments adopted on December 30, 2025, Azerbaijan has prohibited from April 1, 2026 the import, export, manufacture, storage, wholesale and retail sale, and use of e-cigarettes and their components.
Apr.07 by 2FIRSTS.ai
Canadian Border Officers Seize Contraband Worth CAD 4.5 Million at Point Edward Crossing
Canadian Border Officers Seize Contraband Worth CAD 4.5 Million at Point Edward Crossing
The Canada Border Services Agency said border officers at the Point Edward port of entry in Sarnia, Ontario, seized more than CAD 4.5 million worth of illegal tobacco and nicotine vapes over a seven-day period. The agency said the contraband was entering Canada from the United States and described the seizure as part of ongoing efforts to prevent illegal products from entering the country and disrupt organized crime.
Mar.26 by 2FIRSTS.ai
Reynolds Appeals ITC Defeat in Disposable Vape Section 337 Case to U.S. Federal Circuit
Reynolds Appeals ITC Defeat in Disposable Vape Section 337 Case to U.S. Federal Circuit
On March 13, 2026, R.J. Reynolds and related companies filed an appeal with the U.S. Court of Appeals for the Federal Circuit, seeking review of the U.S. International Trade Commission’s final ruling in the disposable vape Section 337 investigation.
Mar.16 by 2FIRSTS.ai
Imperial Brands Expands Blu Fruit-Flavour Offerings Following Consumer Preference Data
Imperial Brands Expands Blu Fruit-Flavour Offerings Following Consumer Preference Data
Imperial Brands has announced the launch of a new Sour Berry flavour for its Blu vape range. The product will launch across retail this month, with both the Blu bar kit and Blu pod pack carrying a recommended retail price of GBP 5.99 (approximately USD 7.79, based on 1 GBP ≈ 1.30 USD).
Apr.03 by 2FIRSTS.ai
Kuwait Bans Sale of Tobacco and E-Cigarette Products Through Delivery Platforms
Kuwait Bans Sale of Tobacco and E-Cigarette Products Through Delivery Platforms
Kuwait’s Minister of Commerce and Industry Osama Boodai has issued a decision banning the sale of tobacco, tobacco derivatives, all types of cigarettes, electronic cigarettes, and related tools, devices and accessories through delivery platforms or similar digital channels.
Mar.16 by 2FIRSTS.ai
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
A new report from Cancer Council’s Generation Vape research project shows that fewer teenagers in New South Wales are trying vaping after the state government introduced tougher vaping goods laws. Among surveyed NSW teenagers aged 14 to 17, the proportion who had tried vaping fell from 29.6% in April 2024 to 20.1% in October 2025.
Mar.17 by 2FIRSTS.ai