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

Poland Plans Total Prohibition of Single-Use Vapes to Protect Youth
Poland Plans Total Prohibition of Single-Use Vapes to Protect Youth
Poland’s Ministry of Health has proposed legislation to ban all disposable e-cigarettes — both with and without nicotine — under a new amendment to tobacco product laws. The government aims to protect youth from nicotine addiction while reducing public health and environmental harm. Medical professionals largely support the move but call for balanced harm-reduction strategies.
Nov.25 by 2FIRSTS.ai
Sweden on Track to Become Europe’s First Smoke-Free Nation as Snus and Nicotine Pouches Support Declining Smoking Rates
Sweden on Track to Become Europe’s First Smoke-Free Nation as Snus and Nicotine Pouches Support Declining Smoking Rates
According to Gulf News, Sweden is nearing the World Health Organization’s smoke-free threshold, with daily smoking falling below 5%. Two decades of public health efforts and the growing use of lower-risk alternatives such as Snus and tobacco-free nicotine pouches have contributed to this shift, alongside declines in tobacco-related deaths and lung cancer cases.
Dec.04 by 2FIRSTS.ai
Smoking Rate Drops to 17.9%, Vaping Rate Climbs to 9.3% in South Korea
Smoking Rate Drops to 17.9%, Vaping Rate Climbs to 9.3% in South Korea
The Korea Disease Control and Prevention Agency (KDCA) released its 2025 Community Health Survey results covering more than 230,000 adults. Traditional cigarette smoking dropped to 17.9%, down 1 percentage point from last year, while e-cigarette use increased to 9.3%, up 0.6 points. Overall tobacco product use stood at 22.1%, a slight decline from 2024 but still 0.5 points higher than 2019.
Dec.08 by 2FIRSTS.ai
UK to Implement e-cigarette Product Tax and Stamp Plan from October 1, 2026
UK to Implement e-cigarette Product Tax and Stamp Plan from October 1, 2026
HMRC announces e-cigarette tax stamp plan to combat illicit trade starting October 1, 2026 alongside VPD policy enforcement.
Nov.27 by 2FIRSTS.ai
Breaking News | China’s Premier Li Qiang Issues Rare Directive to Crack Down on Illicit Tobacco Activities
Breaking News | China’s Premier Li Qiang Issues Rare Directive to Crack Down on Illicit Tobacco Activities
Based on combined reporting from Xinhua and Xinwen Lianbo, 2Firsts reports that Chinese Premier Li Qiang has issued a rare directive at a State Council executive meeting to launch comprehensive, full-chain enforcement against illicit tobacco activities.
News
Dec.05
Kyrgyzstan Extends Import Ban on E-Cigarettes and Nicotine Liquids by Six Months
Kyrgyzstan Extends Import Ban on E-Cigarettes and Nicotine Liquids by Six Months
The Kyrgyz government has extended its ban on the import of electronic cigarettes and nicotine-containing liquids for another six months. The decision, signed by the chairman of the Cabinet of Ministers, covers e-cigarettes, integrated nicotine delivery systems, and nicotine liquids used in such devices. The original ban was introduced in July and was due to expire soon.
Dec.24 by 2FIRSTS.ai