FDA Warns Online Retailers for Unauthorized Sale of E-Cigarette Products

On February 1st, the official website of the US Food and Drug Administration (FDA) released a statement regarding warning letters sent to 14 online retailers. These letters accuse the retailers of selling unauthorized e-cigarette products. The warning pertains to disposable e-cigarette products under brands such as Elf Bar/EB Design, Lava Plus, Funky Republic/Funky Lands, Lost Mary, Cali Bars, Cali Plus, and Kangvape.

These warnings are based on continuous monitoring of multiple surveillance systems by the FDA, with the aim of identifying products that are popular or appealing among young people.

According to the National Youth Tobacco Survey of 2023, over 50% of teenagers are using the disposable e-cigarette brand Elf Bar. It is understood that in 2023, the manufacturer of Elf Bar started promoting the product under the name "EB Design".

Furthermore, the FDA has identified Lava Plus, Funky Republic/Funky Lands, Kangvape, Cali, and Breeze among the popular or appealing brands for young people, based on a review of retail sales data and internal surveys.

Retailers who have received these warning letters would be in violation of the Federal Food, Drug, and Cosmetic Act if they sell or distribute e-cigarette products in the United States without FDA authorization. The recipients of the warning letters have 15 working days to respond and must provide details of the actions they will take to correct the non-compliant behavior and prevent similar violations from occurring in the future. Failure to promptly rectify these violations could result in additional actions by the FDA, such as injunctions, seizures, and/or civil fines.

This series of warning letters represents the latest initiative by the FDA in collaboration with retailers to address the unauthorized marketing and sale of e-cigarettes targeting young people. As of January 30, 2024, the FDA has issued warning letters and 88 civil money penalty (CMP) notices to over 440 retailers selling illegal e-cigarettes, encompassing physical retail stores across the country.

As of now, the FDA has authorized 23 e-cigarette devices and tobacco-flavored e-cigarette products. For retailers looking for information on legally selling e-cigarettes, the FDA provides printable flyers in addition to the authorized product list on their website. Additionally, the FDA is developing a searchable public database that will include all tobacco products that have received marketing orders from the FDA.