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

Israel’s Finance Ministry Advances New Tax Plan for Vapes, Tobacco Pouches and Nicotine Pouches
Israel’s Finance Ministry Advances New Tax Plan for Vapes, Tobacco Pouches and Nicotine Pouches
Israel’s Finance Ministry is advancing a new bill to tax e-cigarettes, tobacco pouches and nicotine pouches. According to the report, once approved by the Knesset Finance Committee, the initiative would only require the signature of Finance Minister Bezalel Smotrich to take effect. The plan would lower the tax on vape liquid while introducing new taxes on vape devices and on tobacco and nicotine pouches.
Apr.22 by 2FIRSTS.ai
2Firsts Data|China Vape Exports Sink to Three-Year April Low After Tax Rebate Ends, Falling to $694 Million
2Firsts Data|China Vape Exports Sink to Three-Year April Low After Tax Rebate Ends, Falling to $694 Million
China’s e-cigarette export value declined to $694 million in April 2026, marking the lowest April level in the past three years. The data is notable because April was the first full month after China removed export VAT rebates for certain e-cigarette products. Compared with April 2025, export value fell 20.9%; compared with April 2024, it was down 22.3%. Month-on-month, exports dropped 23.2% from March 2026.
Special Report
May.23
UK Tobacco and Vapes Bill Receives Royal Assent, Banning Tobacco Sales to People Born After 2008
UK Tobacco and Vapes Bill Receives Royal Assent, Banning Tobacco Sales to People Born After 2008
The UK government announced on April 29 that the Tobacco and Vapes Bill had received Royal Assent and become law. Under the new law, it is illegal to sell tobacco to anyone born on or after Jan. 1, 2009. The government said the law creates the UK’s first “smoke-free generation” and includes measures to ban the advertising and sponsorship of vapes and nicotine products, as well as powers to restrict packaging, branding and displays designed to appeal to children.
Apr.30 by 2FIRSTS.ai
Poland to Discuss Revised E-Cigarette Definitions With Focus on Induction Technology
Poland to Discuss Revised E-Cigarette Definitions With Focus on Induction Technology
According to the agenda published by Poland’s Council of Ministers on Monday, the government is set to consider a draft amendment to the Excise Tax Act on Tuesday.
Apr.14 by 2FIRSTS.ai
York Traders Could Face Fines of Up to GBP 200 Under New Illegal Vape Enforcement Plans
York Traders Could Face Fines of Up to GBP 200 Under New Illegal Vape Enforcement Plans
City of York Council is considering new plans that would allow fines of up to GBP 200.00 (approximately USD 260.00) for traders caught selling illegal single-use vapes.
Apr.09 by 2FIRSTS.ai
FDA Opens Public Comment Period on Draft Guidance for Flavored E-Cigarette Applications
FDA Opens Public Comment Period on Draft Guidance for Flavored E-Cigarette Applications
The U.S. Food and Drug Administration’s Center for Tobacco Products announced an open public comment period for a draft guidance titled Flavored Electronic Nicotine Delivery Systems (ENDS) Premarket Applications – Considerations Related to Youth Risk.
Apr.09 by 2FIRSTS.ai