FDA Warns Five Online Retailers about Unauthorized E-Cigarette Sales

Regulations by 2FIRSTS Leona Zhu
Feb.29.2024
FDA Warns Five Online Retailers about Unauthorized E-Cigarette Sales
FDA warns five online retailers for selling unauthorized e-cigarette products, targeting popular brands favored by youth, violating federal law.

According to the official website of the U.S. Food and Drug Administration (FDA), on February 28th, the FDA announced that it has issued warning letters to five online retailers for selling unauthorized e-cigarette products. These letters point out that the disposable e-cigarette products being sold under well-known brands such as ELFBAR/EB Design/EB Create, Funky Republic, Lost Mary, Hyde, Breeze, and Cali Bars.

 

The FDA continues to issue warning letters based on ongoing surveillance of multiple monitoring systems to identify products that are popular or appealing to adolescents. According to findings from the 2023 National Youth Tobacco Survey, e-cigarettes have been the most commonly used tobacco product among middle and high school students for the past 10 years.

 

Among over 2.1 million reported cases of teenagers using e-cigarettes, more than half reported using ELFBAR products. Furthermore, based on the agency's review of retail sales data and survey results targeting teenagers, other brands have also been identified as popular or appealing products for teenagers.

 

Dr. Brian King, Director of the Center for Tobacco Products, stated: "Protecting our nation's youth from the harms of tobacco products is crucial to the public health mission of our center. We are committed to continuing to use data-driven approaches to identify and prevent the unauthorized sale of tobacco products, and take compliance and enforcement actions when necessary."

 

Retailers who received these warning letters for selling or distributing unauthorized e-cigarette products in the United States have violated the Federal Food, Drug, and Cosmetic Act. The recipients of the warning letters have 15 working days to respond, detailing the corrective actions they will take and measures to prevent future violations. Failure to promptly correct the violations may result in the FDA taking further action, such as injunctions, seizures, and/or civil monetary penalties (CMPs).

 

These warning letters are the latest move by the FDA in its ongoing efforts to address the marketing and sale of unauthorized e-cigarettes that are appealing to young people. They supplement the 14 similar warning letters sent earlier this month to online retailers selling unauthorized e-cigarettes. As of February 26th, the FDA has issued warning letters to over 440 retailers and taken 100 civil monetary penalty actions against the sale of unauthorized e-cigarettes.

 

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 | Republic Technologies Launches ZIG Nicotine Pouches, Expanding Beyond Traditional Tobacco Accessories
Product | Republic Technologies Launches ZIG Nicotine Pouches, Expanding Beyond Traditional Tobacco Accessories
Republic Technologies UK has entered the nicotine pouch market with ZIG Nicotine Pouches, marking the company’s expansion beyond traditional tobacco-related accessories into smoke-free nicotine products. The product is expected to enter UK retail channels from August 2026, including convenience stores, supermarkets and tobacco retailers. The launch includes six flavors and three nicotine strengths: 8mg, 12mg and 17mg.
Market
Jul.21 by 2Firsts Perspectives
Former FDA Scientist Questions ZYN Review Over Pouch Material and Microplastic Risk
Former FDA Scientist Questions ZYN Review Over Pouch Material and Microplastic Risk
A former FDA toxicologist has questioned whether the agency fully assessed the material used in ZYN nicotine pouches before authorizing them for sale, raising concerns over possible microplastic exposure, according to STAT and The Examination.
Jul.16
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts held a U.S. compliance briefing in Shenzhen to help vaping, heated tobacco and nicotine pouch supply chain companies strengthen PMTA support capabilities. The event focused on supplier documentation, quality systems, traceability, TPMF/TPMP pathways, age verification and customer audit readiness as U.S. compliance expectations increasingly extend deeper into the nicotine supply chain.
Events
Jun.12
One Nation Proposes 50% Tobacco Excise Cut as Australia’s Illicit Market Expands
One Nation Proposes 50% Tobacco Excise Cut as Australia’s Illicit Market Expands
Australian One Nation leader Pauline Hanson has proposed cutting tobacco excise by 50% and freezing indexation until June 30, 2028, in a bid to lower legal cigarette prices and reduce the price advantage of the illicit tobacco market.
Jun.18
Supreme Vape Revenue Rises 15% Despite UK Disposable Vape Ban
Supreme Vape Revenue Rises 15% Despite UK Disposable Vape Ban
UK consumer goods group Supreme said its vaping revenue rose 15% to £148.1 million in the year to March 31, 2026, despite the UK disposable vape ban taking effect during the period, while the company identified the Vaping Products Duty due in October as the next major industry milestone.
Regulations
Jul.03 by 2Firsts Perspectives
Malaysia Police Plan Saliva Tests at Roadblocks to Detect Synthetic Drugs Mixed Into Vape Liquids
Malaysia Police Plan Saliva Tests at Roadblocks to Detect Synthetic Drugs Mixed Into Vape Liquids
Malaysian police plan to use saliva test kits at roadblocks to detect drivers using synthetic liquid drugs marketed as “Piu Piu” and “Magic Mushroom,” substances that authorities say are mixed into vape liquids and inhaled through e-cigarette devices, raising road-safety concerns and adding pressure on vape regulation.
Jun.29