FDA Warns Online Retailers Selling Unauthorized E-Cigarettes Disguised as Toys

Regulations by 2FIRSTS.ai
Nov.17.2023
FDA Warns Online Retailers Selling Unauthorized E-Cigarettes Disguised as Toys
The US FDA has warned seven online retailers for selling unauthorized e-cigarettes designed to appeal to teenagers.

According to a statement on the official website of the Food and Drug Administration (FDA) of the United States, on November 16, the FDA issued warning letters to seven online retailers for selling and/or distributing unauthorized e-cigarettes.

FDA Warns Online Retailers Selling Unauthorized E-Cigarettes Disguised as Toys
Style examples | Image source: China Food and Drug Administration

 

These unauthorized e-cigarettes are packaged to resemble toys and beverage containers that appeal to teenagers, such as milk bottles, soft drink bottles, and ice cream packaging. The design of these products makes it convenient for teenagers to hide e-cigarettes from adults or potentially confuse them with everyday items, increasing the risk of accidental ingestion by younger children.

FDA Warns Online Retailers Selling Unauthorized E-Cigarettes Disguised as Toys
Style examples | Image source: State Administration for Food and Drug Administration

 

Brian King, Director of the Center for Tobacco Products at the Food and Drug Administration, stated that

FDA Warns Online Retailers Selling Unauthorized E-Cigarettes Disguised as Toys
Examples of styles | Image source: State Administration for Market Regulation (SAMR)

 

With the arrival of the new school year, parents, teachers, and other adults need to be vigilant about these illegal e-cigarettes disguised as everyday items. These products are easy to conceal, contain caffeine, which is addictive and harmful to the development of teenagers' brains.

 

Ann Simoneau, Director of the Emerging Threats Division at the Food and Drug Administration (FDA), has emphasized the agency's use of multiple monitoring tools to keep a close eye on the rapidly growing e-cigarette market, and to identify any new threats to public health.

 

The Chinese Food and Drug Administration (CFDA) has taken a series of actions to crack down on the issue, with its latest move being the issuance of warning letters to retailers in the United States that sell or distribute e-cigarettes without authorization from the CFDA. If these retailers fail to promptly rectify their violations, they may face additional actions from the CFDA, which could include closure, seizure, and/or fines.

 

The Food and Drug Administration (FDA) has urged educators and individuals who work with adolescents to pay attention to illegal products that may mislead or easily be hidden by young people. The agency is offering teachers relevant teaching resources and assisting in raising awareness among school-aged teenagers about the dangers of using e-cigarettes and nicotine addiction.

 

Seven retailers who have received warning letters are required to respond within 15 working days, outlining how they will rectify any violations and prevent future non-compliance. The goal of the Food and Drug Administration is to ensure that the tobacco products they sell meet the requirements of the U.S. Food and Drug Act.

 

As of November 2023, the China Food and Drug Administration has issued warning letters to approximately 630 companies engaged in the manufacturing and/or distribution of illegal e-cigarette products and devices. This nationwide crackdown aims to actively combat the illegal e-cigarette market targeted at young people.

 

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

As Regulators Focus on Nicotine Pouch Child Safety, Safeguard Pursues an External Packaging Route
As Regulators Focus on Nicotine Pouch Child Safety, Safeguard Pursues an External Packaging Route
As regulators pay closer attention to child safety in nicotine pouches, manufacturers face a practical challenge: how to strengthen child-resistant packaging without unnecessarily reworking products, production lines and regulatory submissions already in place. In a written interview with 2Firsts, Chemular detailed Safeguard’s external packaging approach, its customer-specific testing requirements and possible PMTA pathways. The model remains early-stage, but it offers a new way to think about an increasingly important regulatory and manufacturing issue.
Industry Insight
Sep.19
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives
U.S. Military Could Test Nicotine Pouches and Vapes for Smoking Cessation as Washington Examiner Cites ZYN and Potential $4 Billion Reduction in Related Defense Costs
U.S. Military Could Test Nicotine Pouches and Vapes for Smoking Cessation as Washington Examiner Cites ZYN and Potential $4 Billion Reduction in Related Defense Costs
The House-passed FY2027 National Defense Authorization Act includes a provision authorizing the defense secretary to conduct a one-year smoking-cessation pilot for active-duty service members. Section 707 lists counseling, nicotine gum and patches alongside what the bill calls "electric nicotine delivery systems," nicotine pouches and heat-not-burn products. A recent Washington Examiner op-ed cited ZYN as an example in arguing for the provision, but the legislation does not name any commercial brand or supplier. ZYN is made by PMI-owned Swedish Match USA, with specified products holding FDA marketing authorizations and modified risk orders.
Sep.20
German Customs Seize 115,800 Vapes in €1.4 Million Tax Case
German Customs Seize 115,800 Vapes in €1.4 Million Tax Case
Germany's Magdeburg Main Customs Office seized 115,800 untaxed e-cigarettes containing a combined 4.366 million mL of e-liquid during four truck inspections between August 10 and September 4, 2026. The seizures prevented an estimated €1.397 million in tax losses and set a record for the customs office's jurisdiction. Criminal proceedings have been initiated against four truck drivers. The case follows a separate German investigation involving more than 7.6 million illicit vapes and an estimated €33.3 million in excise-tax losses.
Enforcement
Oct.13
Product | KIWI Launches Spark 2 and Spark 2 Pro in Germany, Two Hardware Tiers Share Backward-Compatible 2ml Pods
Product | KIWI Launches Spark 2 and Spark 2 Pro in Germany, Two Hardware Tiers Share Backward-Compatible 2ml Pods
KIWI has launched the Spark 2 and Spark 2 Pro refillable pod systems in Germany at official prices of €18 and €29, respectively. Spark 2 uses an 800mAh removable lithium-ion battery in a pen-style body, while Spark 2 Pro features a 1,400mAh removable battery, a box-shaped design and vibration feedback every 20 puffs. Both devices use the same 2ml Spark V2 pods in 0.8Ω and 1.2Ω versions, with AirSync airflow adjustment and a choice between Cotton Tips and conventional Drip Tips. The new pods also remain compatible with the original KIWI Spark.
News
Sep.29 by 2Firsts Perspectives
PMI Launches Fourth IQOS Convenience-Store Discount of 2026 for Black Friday in Japan, Cutting ILUMA i ONE to About $19 After Ploom AURA Fell to About $9
PMI Launches Fourth IQOS Convenience-Store Discount of 2026 for Black Friday in Japan, Cutting ILUMA i ONE to About $19 After Ploom AURA Fell to About $9
Philip Morris Japan launched its fourth confirmed nationwide convenience-store discount campaign for IQOS ILUMA i devices in 2026 on October 26, cutting three models by as much as ¥2,000, or about $12.70. The campaign began one day after JT ended a promotion that reduced Ploom AURA to ¥1,480, or about $9.40. JT says Ploom's share of Japan's heated-products category rose from 10.9% in January 2024 to 18.3% in June 2026, a gain of 7.4 percentage points, while PMI says IQOS still held about 68% category share in the third quarter. At the same time, Japan's two-stage heated-tobacco tax adjustment has pushed stick prices higher, leaving device discounts as an increasingly important tool for lowering the upfront cost of customer acquisition.
Market
Oct.28