FDA warns against unauthorized 'smart' e-cigarettes for youth

Oct.31.2024
FDA warns against unauthorized 'smart' e-cigarettes for youth
FDA has issued warnings to nine online retailers and one manufacturer, accusing them of selling unapproved e-cigarettes. These products are designed to appeal to youth with "smart" features such as gaming, smartphone connectivity, and text messaging capabilities, while concealing the true nature of their tobacco content.

FDA announced that it has issued warning letters to nine online retailers and one manufacturer on October 30, accusing them of selling and/or distributing unapproved disposable e-cigarettes. 

 

These products have designs and features similar to smart technology, including capabilities similar to those of mobile phones and gaming devices.

 

The products mentioned in the warning letters are marketed with various features designed to appeal to young people, such as the ability to play games, connect to smartphones, receive text messages or call notifications, play music, or personalize the device with custom wallpapers.

 

"These products may resemble smart devices, but there's nothing smart about them," said Brian King, Ph.D., M.P.H., director of FDA's Center for Tobacco Products. "They're illegal to sell and a flagrant attempt to target kids." (According to FDA's ctp-newsroom.)

 

Additionally, the design of these unauthorized products may attract young users by helping conceal their nature as tobacco products from parents, teachers, or other adults. The warning letters include comparison images showing these unauthorized products alongside common consumer electronic devices.

 

FDA warns against unauthorized 'smart' e-cigarettes for youth
Example image | Image source: FDA

 

FDA warns against unauthorized 'smart' e-cigarettes for youth
Example image | Image source: FDA

 

The companies receiving these warning letters are involved in selling and/or distributing e-cigarettes in the U.S. without FDA authorization for lawful new product sales, thereby violating the FD&C Act. 

 

In addition to the violations outlined in the warning letters, retailers and manufacturers have been advised to address any similar or related violations promptly and to take all necessary actions to comply with the law. Failure to rectify these violations in a timely manner could result in further FDA actions, including injunctions, seizures, and/or civil penalties.

 

"FDA remains unwavering in enforcing the law," said John Verbeten, Director of the CTP's Office of Compliance and Enforcement. "We will continue to take appropriate steps and work alongside our federal enforcement partners to address unauthorized tobacco products, especially those most appealing to youth".

 

This latest round of warning letters represents another step in the FDA's ongoing effort to remove unauthorized e-cigarette products from the market, particularly those that attract younger audiences. 

 

To date, FDA has issued more than 700 warning letters to companies involved in manufacturing, selling, and/or distributing unauthorized new tobacco products, along with over 690 warning letters to retailers selling unauthorized tobacco products. 

 

Additionally, FDA has filed civil penalty complaints against more than 75 manufacturers and 150 retailers for distributing and/or selling unauthorized tobacco products.

 

As of October 30, 2024, FDA has approved 34 e-cigarette products and devices. The agency has provided a printable flyer listing all authorized e-cigarette products, which retailers can refer to in order to verify which products can be legally marketed and sold in the U.S. 

 

Entities that manufacture, import, sell, or distribute e-cigarettes without the required premarket authorization risk enforcement actions.

 

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

Spain Cigarette Volumes Fall 5.2% in August, BAT Drops 14.5%, JTI Gains Share; France Down 8.3% on Adjusted Basis
Spain Cigarette Volumes Fall 5.2% in August, BAT Drops 14.5%, JTI Gains Share; France Down 8.3% on Adjusted Basis
Spain's cigarette volumes declined 5.2% year over year in August 2026, according to government data cited by UBS and reported by Investing.com on October 7. British American Tobacco's volumes fell 14.5%, followed by Imperial Brands at 8.8%, Philip Morris International at 6.6% and Japan Tobacco at 4.6%. JTI was the only one of the four companies to gain cigarette market share, rising six basis points to 26.7%. In France, official customs data showed an unadjusted 3.7% decline in cigarette deliveries. Adjusting for the difference in delivery days produces a decline of approximately 8.3%, consistent with the UBS figure. The bank also estimated the earnings exposure of major tobacco companies to both markets.
Market
Oct.13
U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
A federal judge in Texas on Oct. 8 granted a joint request by the FDA and plaintiffs including Altria subsidiaries Helix Innovations and NJOY to stay litigation challenging the agency's 2021 PMTA rule. The court cited FDA's anticipated rulemaking concerning the regulation at issue. FDA announced on Sept. 28 that it intends to reassess the PMTA framework and could initiate new rulemaking to replace it. The parties must file a joint status report within 45 days and every 45 days thereafter. A motion by three Reynolds American companies to intervene remains pending.
Regulations
Oct.10
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Swedish nicotine pouch brand Kelly White is building its strategy around adult female consumers. Founder and CEO Sophia Wilsby told 2Firsts that women accounted for around 70% of the brand’s repeat customers on HAYPP in Sweden in 2025. The interview explores female consumer segmentation, product and design differentiation, gender stereotypes, packaging regulation, and how independent brands can compete with global players such as ZYN and VELO while considering funding, partnerships and future ownership options.
Business
Sep.24
JAMA Study: U.S. Vape Directories Fail to Sustainably Curb Unlisted Sales as Product Shifts May Redistribute Brand Share 2Firsts Recommended
JAMA Study: U.S. Vape Directories Fail to Sustainably Curb Unlisted Sales as Product Shifts May Redistribute Brand Share 2Firsts Recommended
A study by CDC Foundation researchers found no sustained decline in e-cigarette sales across Alabama, Oklahoma and Louisiana, the first three U.S. states to implement e-cigarette directory laws. Louisiana initially saw a significant sales decline, followed by a rebound and a persistent reduction in product availability. Sales also shifted from nontobacco-flavored disposables toward prefilled cartridges, with Vuse Alto driving much of the increase in menthol cartridges. By April 2025, unlisted products still accounted for more than half of e-cigarette nicotine sales in all three states.
Sep.18
RLX Technology Dropped From FTSE All-World as International Business Reaches 68.5% of Q2 Revenue
RLX Technology Dropped From FTSE All-World as International Business Reaches 68.5% of Q2 Revenue
RLX Technology (NYSE: RLX) has been removed from the FTSE All-World Index, effective September 21. FTSE Russell records show RLX was already part of its global equity index universe by 2022, when its American depositary receipts were classified as China Large Cap securities. Trading volume rose to about 44.77 million shares on September 18, roughly 23 times the previous session's volume. RLX reported RMB1.0105 billion in second-quarter revenue, up 14.8% year over year, with international operations contributing 68.5%. The company also acquired a 51% stake in one of Western Europe's largest distributors of next-generation smoke-free and FMCG products in July.
Sep.22