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

UK Tobacco and Vapes Bill Returns to House of Lords on April 20 for Ping Pong Consideration
UK Tobacco and Vapes Bill Returns to House of Lords on April 20 for Ping Pong Consideration
The UK Tobacco and Vapes Bill is set to return to the House of Lords on April 20 for consideration of Commons amendments in the parliamentary “ping pong” process. The bill aims to create the first “smoke-free generation” by ensuring that children turning 15 this year or younger can never legally be sold tobacco. It also seeks to enable product and information requirements to be imposed in connection with tobacco, vapes, and other products.
Apr.21 by 2FIRSTS.ai
U.S. Military Smoking Debate Spotlights E-Cigarettes and Nicotine Pouches as a “Bridge”
U.S. Military Smoking Debate Spotlights E-Cigarettes and Nicotine Pouches as a “Bridge”
At a policy forum hosted by The Hill and sponsored by PMI US, U.S. defense health officials, lawmakers and industry representatives discussed tobacco use in the military and explored the potential role of smoke-free nicotine products — including e-cigarettes and nicotine pouches — as transitional tools to help service members reduce reliance on combustible cigarettes.
PMI
Mar.23
Australian Border Force Deputy Commissioner Meets China Tobacco Regulator as Illicit Tobacco Enforcement Intensifies
Australian Border Force Deputy Commissioner Meets China Tobacco Regulator as Illicit Tobacco Enforcement Intensifies
ABF Deputy Commissioner Tim Fitzgerald visited Beijing for talks with China’s STMA. The meeting follows several exchanges between Australian enforcement agencies and China’s tobacco regulator in recent years. The discussions come as Australia intensifies efforts to combat illicit tobacco and vaping products, including large seizures at the border, while the country’s strict tobacco and vape policies continue to spark debate over their impact on the growth of black markets.
Mar.09
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Recent inspections and cargo disruption have led some logistics operators in the China-U.S. vape trade to see early signs of another U.S. border crackdown on illicit e-cigarettes. With late April to early May viewed as a key risk window, the market is watching closely. The bigger question is not only whether enforcement will tighten, but whether it can be sustained.
Special Report
Apr.09
RLX Technology 2025 Revenue Rises 44.0% YoY to Nearly USD 566.1 million, International Business Accounts for 76.5% in Q4
RLX Technology 2025 Revenue Rises 44.0% YoY to Nearly USD 566.1 million, International Business Accounts for 76.5% in Q4
RLX Technology Inc. announced its unaudited financial results for the fourth quarter and full year of 2025. Q4 net revenue reached RMB 1.1413 billion, a 40.3% year-over-year increase, while full-year net revenue grew 44.0% to RMB 3.9589 billion.
Mar.13 by 2FIRSTS.ai
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
Australia’s NSW Finds Lower Vaping Rates Among Teenagers Aged 14 to 17
A new report from Cancer Council’s Generation Vape research project shows that fewer teenagers in New South Wales are trying vaping after the state government introduced tougher vaping goods laws. Among surveyed NSW teenagers aged 14 to 17, the proportion who had tried vaping fell from 29.6% in April 2024 to 20.1% in October 2025.
Mar.17 by 2FIRSTS.ai