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

Turkey Plans to Ban E-Cigarette Advertising Under Revised Commercial Advertising Rules
Turkey Plans to Ban E-Cigarette Advertising Under Revised Commercial Advertising Rules
Turkey is advancing amendments to its Regulation on Commercial Advertising and Unfair Commercial Practices, proposing stricter controls on e-cigarette and gambling advertising.
Dec.26 by 2FIRSTS.ai
Authorities in Kazakhstan Seize Over 53,000 Illegal Vape Products in Pavlodar
Authorities in Kazakhstan Seize Over 53,000 Illegal Vape Products in Pavlodar
Kazakhstan’s Financial Monitoring Agency in Pavlodar Region has concluded an investigation into an organised group involved in the illegal sale of vaping products. The group operated through three Telegram-based online shops and used courier delivery services. Authorities seized more than 53,000 items, with a total value exceeding 400 million tenge. The investigation found that students were the primary consumers. Four suspects have been placed in custody and multiple assets have been seized.
Dec.25 by 2FIRSTS.ai
Thailand police seize 17,320 disposable vapes valued at over USD 22,330 in Nonthaburi
Thailand police seize 17,320 disposable vapes valued at over USD 22,330 in Nonthaburi
Thai authorities arrested a 31-year-old man in Bang Bua Thong, Nonthaburi, on January 20, 2026, and seized 17,320 disposable e-cigarettes and a pickup truck. The seized goods were valued at more than THB 7 million (about USD 223,349.62).
Jan.21 by 2FIRSTS.ai
Imperial Brands names John Rishton chair-designate, to take over as chair in December 2026
Imperial Brands names John Rishton chair-designate, to take over as chair in December 2026
Imperial Brands said in a statement on its website that John Rishton will join the board in July 2026 and assume the role of chair in December, succeeding current chair Thérèse Esperdy, who will retire at that time.
Jan.21 by 2FIRSTS.ai
Vietnam Ho Chi Minh City police seize 28,657 illegal vape-related products worth over US$182,400
Vietnam Ho Chi Minh City police seize 28,657 illegal vape-related products worth over US$182,400
Police in Ho Chi Minh City, Vietnam say they dismantled a large illegal vape distribution ring led by 29-year-old Nguyễn Ngọc Quốc Uy, who allegedly built a concealed “secret room” to hide contraband. Officers seized 28,657 items valued at more than VND 4.8 billion (about US$182,400).
Feb.04 by 2FIRSTS.ai
Product | 22ml Combined E-Liquid Supply, Rated for 35,000 Puffs: OXBAR Launches the OX35K Open-System Pod Device
Product | 22ml Combined E-Liquid Supply, Rated for 35,000 Puffs: OXBAR Launches the OX35K Open-System Pod Device
The vaping brand OXBAR has recently listed its open-system, refillable pod device OX35K on its official website. The product features a “2ml built-in pod + two 10ml external refill bottles” e-liquid supply structure and supports top refilling, with a claimed puff count of up to 35,000. It is equipped with a 1000mAh built-in battery and offers dual power modes—BOOST and ECO—positioning the device to balance high-puff performance with an open-system form factor.
Jan.13 by 2FIRSTS.ai