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 | KT&G Expands lil AIBLE 3.0 Sales to Seoul Convenience Stores, Launches Two New AIIM Variants
Product | KT&G Expands lil AIBLE 3.0 Sales to Seoul Convenience Stores, Launches Two New AIIM Variants
According to South Korean media reports, KT&G has expanded sales of its heated tobacco device lil AIBLE 3.0 to convenience stores across Seoul starting May 13. The convenience-store version is offered in the exclusive OUD GRAY color. On the same day, KT&G also launched two new dedicated consumables for the lil AIBLE platform—AIIM REMIX and AIIM ICESPOT—at convenience stores nationwide, each priced at KRW 4,800.
Market
Jun.01
Special Report | Russian Vape Compromise Faces First Hurdles
Special Report | Russian Vape Compromise Faces First Hurdles
Russia’s regional vape-ban model is facing early legal and political tests, as Perm Krai moves ahead before federal legislation is fully adopted. The case highlights uncertainty over regional authority, concerns from business groups about market fragmentation, and the risk that pressure against regional bans could revive calls for a stricter nationwide prohibition.
Industry Insight
May.28
One Year After UK Disposable Vape Ban: Youth Use Falls to 13%, Adult Use to 8%
One Year After UK Disposable Vape Ban: Youth Use Falls to 13%, Adult Use to 8%
among both youth and adults. However, industry groups and regulators warn that the illicit vape market remains a growing concern.
Jun.09
Trump’s Tobacco Investments and Industry Donations Draw Scrutiny as FDA Eases Vape and Nicotine Pouch Rules
Trump’s Tobacco Investments and Industry Donations Draw Scrutiny as FDA Eases Vape and Nicotine Pouch Rules
A report by KFF Health News says that as the Trump administration pursued a series of policies favorable to the nicotine and tobacco industry, President Donald Trump increased his holdings in tobacco companies while benefiting from substantial industry-linked political donations, prompting questions from public health advocates about potential conflicts of interest and regulatory direction.
Jun.12
Germany Expands Take-Back Rules for Disposable Vapes From July 1
Germany Expands Take-Back Rules for Disposable Vapes From July 1
Germany has expanded take-back obligations for disposable vapes from July 1, 2026, requiring consumers to be able to return used devices at stores that sell such products, including kiosks, petrol stations and vape shops, as e-cigarette regulation extends from sales to waste management and lithium-battery safety.
Market
Jul.06 by 2Firsts Perspectives
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s new vape regulations are reshaping the e-liquid market, raising compliance requirements for manufacturers, retailers and overseas suppliers. In an interview with 2Firsts, Korean nicotine products specialist Sam Kim discusses licensing barriers, inventory impacts, China-linked supply chains, and emerging regulatory challenges around nicotine analogues, nicotine-free products and DIY mixing. The Korean case may offer broader insights as governments worldwide adapt to rapidly evolving nicotine products.
Jul.16