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 | JTI Philippines Expands Nordic Spirit Nicotine Pouch Portfolio With Dark Pop and Red Frost
Product | JTI Philippines Expands Nordic Spirit Nicotine Pouch Portfolio With Dark Pop and Red Frost
JTI Philippines has expanded the Nordic Spirit nicotine pouch portfolio in the Philippines with two new variants, Dark Pop and Red Frost. Both products maintain the brand’s tobacco-free nicotine pouch positioning, with Dark Pop featuring a fizzy cola profile with citrus and sweet notes, while Red Frost combines cool mint with sweet red berry flavors. The two variants are now available through Philippine online retail channels.
Aug.18
PMI Q2 Call: ZYN Growth, IQOS Pricing and a Diverging Global Tobacco Market
PMI Q2 Call: ZYN Growth, IQOS Pricing and a Diverging Global Tobacco Market
Philip Morris International’s second-quarter earnings call offered new detail on its smoke-free strategy. Management said it would increase U.S. investment behind nicotine pouch brand ZYN, keep IQOS focused on volume before stronger pricing, and use SENTIA, DELIA, LEVIA, VEEV and ZYN to manage tax and regulatory pressure across Japan and Europe. Analysts from Goldman Sachs, Morgan Stanley, UBS and other firms also pressed PMI on profitability, market share, cigarette resilience and the durability of its global transformation over coming quarters.
Jul.24
Product | OLIVEBAR Launches RAZ PRO 85K, Combining Up to 85,000 Puffs With a Transparent Pod Design
Product | OLIVEBAR Launches RAZ PRO 85K, Combining Up to 85,000 Puffs With a Transparent Pod Design
OLIVEBAR has introduced the RAZ PRO 85K disposable vape, featuring up to 85,000 puffs, a transparent e-liquid pod, and a Mega HD display. As competition in the ultra-high-puff disposable segment continues to intensify, the new device reflects an industry shift from simply increasing puff counts toward enhancing visual interaction and user experience.
Jul.03
Iowa Enforces Vape Registry Law as Retailers Warn Product Limits Could Increase Store Pressure
Iowa Enforces Vape Registry Law as Retailers Warn Product Limits Could Increase Store Pressure
Iowa has begun enforcing its vape registry law, requiring vape products to be registered before they can be legally sold in the state. The move follows a decision by the U.S. Court of Appeals for the Eighth Circuit to lift an injunction that had blocked enforcement. Retailers have warned that tighter product availability rules could increase pressure on vape shops. One Iowa retailer said that if only a limited number of products remain available, many stores could face significant business challenges.
Aug.06
As FDA Reshapes PMTA Reviews and ENDS Enforcement Priorities, CTP Acting Director Bret Koplow to Keynote NATO Event for a Retail Network of 66,000-Plus Stores
As FDA Reshapes PMTA Reviews and ENDS Enforcement Priorities, CTP Acting Director Bret Koplow to Keynote NATO Event for a Retail Network of 66,000-Plus Stores
Bret Koplow, acting director of the U.S. Food and Drug Administration's Center for Tobacco Products, will deliver a keynote and participate in a fireside chat at the National Association of Tobacco Outlets' Sept. 29-30 conference in Washington. His appearance comes months after the FDA moved to accelerate PMTA reviews and introduced a more differentiated enforcement policy for certain unauthorized ENDS and oral nicotine pouch products. The agency also plans a public list identifying manufacturers and products it does not currently intend to prioritize for enforcement under the May guidance. NATO says its membership includes more than 66,000 retail stores, making product-status transparency and enforcement boundaries directly relevant to the retail sector.
Aug.14
Yinghe-Controlled Vape Maker SKE Ordered to Post £569,039 Security as It Pursues Crystal Bar Design Infringement Case in UK
Yinghe-Controlled Vape Maker SKE Ordered to Post £569,039 Security as It Pursues Crystal Bar Design Infringement Case in UK
The UK High Court has ordered Chinese vape manufacturer Shenzhen SKE Technology to provide £569,039 ($776,000) in security for costs in its design infringement proceedings against Vapepen London and other defendants over its Crystal Bar vape product. The court did not accept the defendants’ main argument that recovering costs from a China-based company would face significant enforcement obstacles, but found that SKE had not sufficiently disclosed its own financial position. The order is procedural and does not determine the underlying infringement claims.
News
Aug.21