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

On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
FDA CTP Director Bret Koplow used his FDLI keynote in Washington to outline how the agency is rethinking the PMTA framework. He discussed category-specific review, nicotine pouch and sPMTA pilots, AI-assisted review, a 70% reduction in pending applications, and a major staffing constraint: CTP currently has only nine scientific review teams. He also reaffirmed tobacco harm reduction while stressing youth protection, flavored products, risk communication, and the challenge of unauthorized e-cigarettes.
Regulations
Oct.06
Latest UK ONS Data: 54% of Vapers Are Former Cigarette Smokers, 26% Also Smoke and 20% Never Smoked Regularly
Latest UK ONS Data: 54% of Vapers Are Former Cigarette Smokers, 26% Also Smoke and 20% Never Smoked Regularly
Former cigarette smokers accounted for an estimated 54% of current e-cigarette users in Great Britain in 2025, while 26% also smoked cigarettes and 20% had never regularly smoked, according to a 2Firsts analysis of Office for National Statistics (ONS) data. Among former cigarette smokers who currently vape, approximately 81% used e-cigarettes daily, compared with about 50% of dual users. The ONS found that 33.8% of current cigarette smokers also vaped in 2025, up from 10.6% in 2014. Approximately 1.1 million adults who had never regularly smoked cigarettes used e-cigarettes, representing 2.9% of that population, compared with 0.2% in 2014. The figures highlight differences in the composition, frequency of use and long-term trends across Britain's vaping population.
DATA
Oct.14
Special Report | Vape bans and tougher rules: the South Caucasus takes different paths
Special Report | Vape bans and tougher rules: the South Caucasus takes different paths
Azerbaijan's sweeping e-cigarette ban has raised concerns over enforcement errors and the emergence of illicit sales, while neighboring Armenia is tightening technical rules and preparing higher excise taxes. Georgia, meanwhile, has resisted calls for broader vape restrictions and introduced preferential taxes for some domestically produced cigarettes. The divergent approaches across the South Caucasus highlight a regional policy dilemma: how to curb nicotine use and protect public health without encouraging black markets or creating unintended economic consequences for businesses and consumers.
Nov.03
From Vuse, Velo and glo to AI Consulting: Former BAT Content Lead Launches Destreza
From Vuse, Velo and glo to AI Consulting: Former BAT Content Lead Launches Destreza
Former BAT global content lead Andy Parton has left the company and launched Destreza, a London-based AI-native marketing consultancy. Parton previously worked across BAT's New Category brands Vuse, Velo and glo and had also served as Global Brand Lead for Vuse Go. Destreza says it will advise consumer businesses on AI in brand strategy, operating models, capability and agency configuration, using specialist AI agents to support research, strategy and creative development. BAT reported £3.621 billion in New Category revenue in 2025.
Sep.22
Reynolds Showcases Vuse Pro Flavors and VELO Nicotine Pouches at NACS Show 2026
Reynolds Showcases Vuse Pro Flavors and VELO Nicotine Pouches at NACS Show 2026
Reynolds American, a BAT subsidiary, showcased four Vuse Pro flavored e-cigarette pods and its VELO nicotine pouch portfolio at NACS Show 2026. Booth staff confirmed to 2Firsts that the Vuse Pro flavors are sold in the U.S., although they have not received FDA marketing authorization. BAT outlined plans to expand Vuse retail distribution and reported that VELO held a 30.5% year-to-date volume share of the U.S. modern oral nicotine category through August 2026. The booth also featured the newly launched VELO MAX range and merchandising displays combining cigarettes, vaping products and oral nicotine brands.
EXPO
Oct.09
JTI Liggett Puts U.S. Value Cigarette Brands in Spotlight at 2026 NACS Show
JTI Liggett Puts U.S. Value Cigarette Brands in Spotlight at 2026 NACS Show
At the 2026 NACS Show in Las Vegas, JTI Liggett highlighted its value-priced cigarette portfolio, including LD and Montego, following JT Group's acquisition of Vector Group. The company's U.S. business reported market share gains, with LD sales volume rising 32.6% in the first half of 2026. Meanwhile, Ploom was displayed separately at Altria's booth under an existing partnership. JTI Liggett booth staff told 2Firsts that the company had not yet launched nicotine pouch products in the United States.
EXPO
Oct.09