Sale of Flavored Disposable E-Cigarettes Continues Despite FDA Regulations

Aug.17.2022
Sale of Flavored Disposable E-Cigarettes Continues Despite FDA Regulations
At least 20 brands continue to sell flavored disposable e-cigarettes marketed to teenagers in the US despite FDA regulations.

On June 23, 2022, flavored electronic cigarette products were seen on store shelves in Raleigh, North Carolina, USA. Image source: REUTERS/Arrana Mclymore/File Photo.


Since 2016, the US Food and Drug Administration (FDA) has been actively working to combat the use of flavored electronic cigarettes that contribute to nicotine addiction among youths.


According to a Reuters investigation, at least 20 brands are still selling disposable devices manufactured in China with flavors targeting children, such as "peach blueberry candy" and "pineapple strawberry," in liquor and convenience stores across the United States.


According to a review of retail sales data by Reuters, flavored disposable e-cigarette devices account for one-third of US e-cigarette sales, up from nearly 2% three years ago. Some critics say that their surge has raised questions about public health agencies' ability to control the booming flavored e-cigarette market and enforce regulations.


The investigation by Reuters is based on a dataset produced by Chicago market research firm IRI, which uses scanner data and other information to track retail purchases. The IRI dataset measured purchasing behavior between January 12, 2014 and June 12, 2022, and observed the rise of disposable flavored e-cigarettes following the FDA crackdown on Juul Labs Inc.


New data has revealed that consumers spent over $2 billion on next-generation disposable electronic cigarettes in the past year, surpassing Juul's previously dominant market share by about 3 percentage points since March.


The data was shared with Reuters by an anonymous individual outside of IRI. A spokesperson for IRI stated that the company "cannot confirm any information received from external sources," and that this data should not be attributed to IRI. According to a 2019 press release from IRI, the company measures purchasing activity of retailers, including over 30,000 convenience stores.


In its written response to the issue, the FDA stated that it is "firmly committed to addressing the ongoing public health concerns surrounding youth e-cigarette use," and "continuously monitoring the evolving market.


According to data obtained by Reuters, in June 2022, the FDA attempted to ban the sale of all Juul e-cigarettes. However, the agency later suspended its order, stating that "there are some unique scientific issues with the Juul application that require additional review.


According to a statement made by Juul to Reuters, the company has expressed that it does not want underage consumers to use their products and looks forward to "re-engaging with the FDA" during the suspension of the ban.


A sweet-flavored disposable electronic cigarette hit the market in 2020, attempting to capitalize on the popularity of Juul and its pod-based device. Both varieties vaporize a liquid that contains nicotine, an addictive chemical that keeps smokers hooked. The nicotine concentration in both is roughly equivalent.


According to interviews conducted by Reuters with nine retail sellers of these products, disposable devices are pre-filled with liquid and cost between $15 and $25, containing 5 to 20 times the amount of liquid found in a Juul pod. Some promotions of these products claim that users can take thousands of puffs from one device. In contrast, Juul devices which cost about $10 require users to add a separate pod of liquid nicotine, priced at $20 to $25 for every four packs.


Representatives of Esco Bars and Breeze Smoke have stated that their products contain synthetic nicotine, an addictive substance that does not come from tobacco plants and was not under the FDA's jurisdiction until earlier this year when Congress took action. Both companies have told Reuters that they applied for FDA authorization in 2022.


The FDA refuses to disclose the name of the applied synthetic nicotine product.


Darrell Suriff, CEO of Texas-based Pastel Cartel, the producer of Esco Bars, revealed that the company has spent nearly $3 million in preparation for its application submission to the FDA. Suriff, who is committed to adhering to regulations, believes that companies like his should not be penalized, stating that "the industry has a lot of bad players... we are not one of them.


Jon Glauser, the Chief Strategic Officer of Hyde in Buffalo City, New York, is representing another disposable brand of synthetic nicotine that grosses nearly $3 million in weekly sales. He acknowledges the concerns of critics who worry that flavored e-cigarettes may lure in young people and get them addicted. However, he adds that adults "really enjoy the taste.


Representatives of privately held Shenzhen Kangweipei Technology Co., Ltd. did not respond to requests for comment.


Filling the Gap of "Sweetness


Juul began promoting electronic cigarettes among teenagers in 2017. After facing regulatory pressure in 2019, Juul gradually lost popularity among young people with the introduction of mango, mint, and fruit flavors, leaving space for dozens of other brands. As sales of flavored disposable electronic cigarettes soared, data shows that Juul's market share in the US dropped from over 70% in 2018 and 2019 to around 30%.


At Luxury Tobacco & Vape in Raleigh, North Carolina, a recent display of disposable Elf Bars showcased over a dozen flavors such as sour apple and rainbow candy. Juul products only occupied a small portion of the shelf space. Juul declined to comment on the exhibit, while Elf Bar did not respond to comment requests.


According to FDA regulations, e-cigarettes cannot be sold in the United States unless manufacturers submit scientific applications by September 2020, proving the products are beneficial to public health. E-cigarettes containing synthetic nicotine must apply by May 14, 2022.


Reuters has provided the FDA with a list of over two dozen seasoning devices that were found in stores and online, despite not being included on the product list submitted to the FDA by 2020.


According to data seen by Reuters from IRI, the FDA refused to answer questions about whether the product identified by Reuters has obtained the necessary authorization.


A spokesperson for the FDA has stated that the agency's website indicates that their compliance and enforcement efforts are a multi-step process that cannot be accomplished all at once.


Mitch Zeller, the retired head of the tobacco department at the Food and Drug Administration (FDA), told Reuters that his list may have gaps because the FDA requires the cooperation of applicants to publicly list them.


Will the FDA catch every regulatory violation? No," said Zeiler, although he stated that targeting manufacturers who have not yet applied is the "top priority" for the FDA.


On August 3rd, the organization stated on its website that the sale of any electronic cigarettes using synthetic nicotine without its authorization is considered "illegal". As of August 15th, the FDA has not granted any authorization to any of them.


Epileptic seizure.


Nineteen-year-old Alex Morrin began using Juul back in 2017 when he was a high school freshman in Tampa, Florida, attracted to its flavors such as "fruit," "cream," and "mint." However, when Juul eliminated these flavors, Morrin started purchasing fruity and sweet disposable e-cigarettes such as Cali Plus and HQD Cuvie Plus, manufactured by Cali Pods and HQD Tech USA based in Florida. "They simply taste better and have more variety," he said. "They're still around and easy to buy.


Cali Pods and HQD did not respond to requests for comment.


After beginning to use e-cigarettes, he experienced headaches and nausea, and then suffered from six seizures between January 2020 and November of last year, resulting in hospitalization. Morlin and his mother, Winna Morlin, say he had never experienced seizures before becoming addicted to e-cigarettes. Winna Morlin provided hospital records confirming the seizures. Researchers have not yet determined a clear link between e-cigarette use and seizures.


The FDA has informed Reuters that it is seeking to understand whether the nicotine content or formula of these devices may cause seizures. According to the FDA, most reports about e-cigarette seizures come from teenage or young adult users.


Statement:


This article is compiled from third-party information and is provided solely for industry exchange and learning purposes.


This article does not represent the views of 2FIRSTS, and 2FIRSTS cannot confirm the authenticity and accuracy of its content. The translation of this article is only intended for industry communication and research purposes.


Due to limitations in translation ability, the translated article may not fully capture the meaning of the original. Please refer to the original text for accuracy.


2FIRSTS maintains full alignment with the Chinese government on any domestic, Hong Kong, Macau, Taiwan and foreign issues and stances.


The compilation information belongs to the original media and author, and if it infringes on any rights, please contact us for removal.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Product | DOJO Launches BLAST10K Fresh in UK With 0+10ml E-Liquid Structure, Retaining 2+8ml Pod Compatibility
Product | DOJO Launches BLAST10K Fresh in UK With 0+10ml E-Liquid Structure, Retaining 2+8ml Pod Compatibility
DOJO launched the BLAST10K Fresh in the UK on September 4, 2026, introducing its INSTA-JUICED™ technology and a new 0+10ml structure that keeps e-liquid separated from the coil before activation. The device features a 1000mAh rechargeable battery, COREX BLAST dual-mesh technology and SSS leak-resistant technology, with a manufacturer-rated capacity of up to 10,000 puffs. It also retains compatibility with existing 2+8ml pods across the BLAST ecosystem. The launch introduces eight new flavors, including Matcha Strawberry, which DOJO describes as an industry first.
Market
Sep.04
2Firsts Data|China’s Vape-Related Exports Rose 3.3% in August 2026 as UK Shipments Jumped 51.4% and U.S. Exports Fell 12.4%
2Firsts Data|China’s Vape-Related Exports Rose 3.3% in August 2026 as UK Shipments Jumped 51.4% and U.S. Exports Fell 12.4%
China exported $979 million of vape-related products in August 2026, up 3.3% from a year earlier but down 6.4% from July. The UK replaced the U.S. as the main source of growth: UK-bound shipments jumped 51.4% to a 2026 high of $177 million, while exports to the U.S. fell 12.4% to $339 million. Shipments to markets outside the U.S. increased 14.2%, broadening growth beyond the market that had driven July’s rebound.
News
Sep.23 by 2Firsts Perspectives
Australian Coalition Unveils Illicit Tobacco Plan With 80% Excise Cut and Legal, Taxed Vapes and Nicotine Pouches
Australian Coalition Unveils Illicit Tobacco Plan With 80% Excise Cut and Legal, Taxed Vapes and Nicotine Pouches
Australia’s Coalition has unveiled a national illicit-tobacco policy that would cut tobacco excise by 80% and create legal, regulated and taxed adult markets for vaping products and nicotine pouches if it wins government. The plan proposes an excise of A$0.50 per millilitre of e-liquid and A$0.025 per milligram of nicotine in pouches, alongside A$200 million in additional enforcement and a A$60 million three-year public-awareness campaign. The Coalition says the package would narrow the price advantage of illicit products and undermine organised crime, while Labor and public-health groups warn that dramatically cheaper cigarettes could reverse long-term declines in smoking.
Sep.03
Product | JTI Launches Ploom AURA Teal Electric Pop in South Korea, Its First Dual-Color Edition
Product | JTI Launches Ploom AURA Teal Electric Pop in South Korea, Its First Dual-Color Edition
JTI Korea launched the Ploom AURA Teal Electric Pop limited edition in South Korea on September 1, 2026, marking the first dual-color design in the Ploom AURA range. The device combines a dark green body with teal accents and is accompanied by matching Front Panel, Back Cover and Pocket Bag accessories. The standalone device is priced at KRW 29,000, with three additional device-and-accessory bundles available. The release continues JTI Korea's use of limited colorways and interchangeable accessories to expand the Ploom AURA portfolio without introducing a new hardware platform.
Sep.03
U.S. Fifth Circuit Vacates NicQuid Vape MDO, Says FDA Comparative-Efficacy Standard Violated APA Procedures
U.S. Fifth Circuit Vacates NicQuid Vape MDO, Says FDA Comparative-Efficacy Standard Violated APA Procedures
According to VitalLaw on August 27, 2026, the U.S. Court of Appeals for the Fifth Circuit vacated an FDA marketing denial order (MDO) against NicQuid LLC, ruling that the agency’s comparative-efficacy standard for electronic nicotine delivery system (ENDS) applications had become a substantive rule requiring notice-and-comment rulemaking under the Administrative Procedure Act (APA). The court did not reject FDA’s authority to compare the public health benefits and risks of flavored vapes, but held that the agency could not establish a broadly binding standard through informal adjudications. The case was remanded to FDA for further proceedings.
Aug.28
JAMA Issues First U.S. Clinical Guidance on Vaping for Smoking Cessation, Urging Complete Switch From Cigarettes
JAMA Issues First U.S. Clinical Guidance on Vaping for Smoking Cessation, Urging Complete Switch From Cigarettes
JAMA has published a Special Communication offering systematic recommendations for U.S.-based clinicians on the use of nicotine e-cigarettes in adult smoking cessation. Developed by the Harm Reduction Workgroup of the Society for Research on Nicotine and Tobacco’s Treatment Research Network, the paper recommends including e-cigarettes alongside FDA-approved cessation medications in risk-benefit discussions. It cites high-certainty evidence that nicotine e-cigarettes achieve higher quit rates than nicotine replacement therapy and evidence suggesting efficacy comparable to highly effective medications such as varenicline and cytisine. For adults who choose vaping to quit, the authors recommend FDA-authorized products, sufficient nicotine delivery and a rapid, complete transition away from cigarettes rather than prolonged dual use.
Aug.13