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

Product | GEEKBAR MATE 60K Launches in U.S. Channels With 15ml E-Liquid and Up to 60,000 Puffs
Product | GEEKBAR MATE 60K Launches in U.S. Channels With 15ml E-Liquid and Up to 60,000 Puffs
E-cigarette brand GEEKBAR has recently launched its new product, the GEEKBAR MATE 60K, on its official website. The product adopts a pod-based system, consisting of a reusable 900mAh device and a pod prefilled with 15ml of e-liquid and equipped with a built-in 200mAh battery, bringing the total battery capacity to 1100mAh. It supports both Regular and Pulse modes.
Mar.30 by 2FIRSTS.ai
South Korea’s Revised Tobacco Business Act to Take Effect, With Penalties for Unauthorized Sales
South Korea’s Revised Tobacco Business Act to Take Effect, With Penalties for Unauthorized Sales
With the revised Tobacco Business Act set to take effect on April 24, synthetic nicotine e-cigarettes will be included within the legal definition of tobacco in South Korea. According to information released by Ongjin County, businesses wishing to sell these products must obtain tobacco retailer designation from the relevant authority.
Mar.25 by 2FIRSTS.ai
Kazakhstan: Over 131,000 vapes seized in Almaty and Pavlodar case; about $1.422 million cited
Kazakhstan: Over 131,000 vapes seized in Almaty and Pavlodar case; about $1.422 million cited
Kazakhstan’s financial monitoring authorities said a group is suspected of illicitly distributing vaping devices in Almaty and Pavlodar Region, using Telegram as a sales channel with courier delivery. During searches, investigators seized more than 131,000 vapes valued at 711 million tenge (about $1.422 million, using 1 tenge = $0.0020).
Mar.04 by 2FIRSTS.ai
Philip Morris Limited Launches Delia to Expand IQOS Iluma Consumables Portfolio
Philip Morris Limited Launches Delia to Expand IQOS Iluma Consumables Portfolio
Philip Morris Limited has announced the launch of Delia, the latest addition to its portfolio of heated tobacco and zero-tobacco sticks exclusively compatible with the IQOS Iluma range.
Apr.03 by 2FIRSTS.ai
Product | 20ml E-liquid, Dual Modes with Up to 60,000 Puffs, Uwell Launches VALAYA AMP 60K Vape in the U.S.
Product | 20ml E-liquid, Dual Modes with Up to 60,000 Puffs, Uwell Launches VALAYA AMP 60K Vape in the U.S.
Uwell has recently launched its new disposable vape, the VALAYA AMP 60K, on its official website. The device features 20ml of pre-filled e-liquid and is rated for up to approximately 60,000 puffs. It is equipped with a 950mAh rechargeable battery and a 0.6Ω dual mesh coil. The product is now available through select online channels in the United States, with a listed price of $19.99.
Apr.09 by 2FIRSTS.ai
Rethinking Nicotine Harm Reduction: A Neuroscientist’s Perspective on Scientific Gaps and Future Directions — By Dr. Xin-an Liu
Rethinking Nicotine Harm Reduction: A Neuroscientist’s Perspective on Scientific Gaps and Future Directions — By Dr. Xin-an Liu
After France’s ANSES report on nicotine products and harm reduction, Dr. Xin-an Liu wrote to 2Firsts reassessing the field’s foundations. She argues the debate reveals gaps in evidence on long-term behavioral substitution, addiction pathways and neurobiological impacts, and calls for longitudinal research, integrated behavioral science and neuroimaging, clearer risk assessment and stronger transparency to ensure policy and next-generation product development rest on solid evidence.
Industry Insight
Feb.24