The Food and Drug Administration (FDA) has issued warning letters to 14 online retailers for selling unauthorized e-cigarette products.
The warning letters cite the sale of products under brand names including Elf Bar, Esco Bars, Funky Republic, Hyde, Kang, Cali Bars and Lost Mary.
The FDA cited the 2023 National Youth Tobacco Survey, which reported Elf Bar and Esco Bar as being brands that are popular among youth.
“The retailers receiving these warning letters sold or distributed e-cigarette products in the U.S. that lack authorization from FDA, in violation of the Federal Food, Drug, and Cosmetic Act,” the FDA noted in a statement. “Warning letter recipients are given 15 working days to respond with the steps they will take to address the violations cited in the warning letter and to prevent future violations.”
Retailers that do not address the violations could face additional FDA action, such as an injunction seizure, or civil money penalties.
These warning letters are the latest in FDA’s ongoing efforts to address unauthorized tobacco products throughout the supply chain. The agency has:
- Issued more than 670 warning letters to manufacturers, importers and distributors
- Issued more than 550 warning letters to retailers for the sale of unauthorized tobacco products
- Filed civil money penalty complaints against more than 55 manufacturers and more than 100 retailers
- Sought injunctions against seven manufacturers of unauthorized e-cigarette products in coordination with the U.S. Department of Justice (DOJ)
- Seized unauthorized e-cigarette products valued at more than $700,000 in coordination with DOJ
To date, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully marketed and sold in the U.S.; further information on tobacco products that may be legally marketed in the U.S. is available in FDA’s new Searchable Tobacco Products Database.
