FDA cracks down on illegal e-cigarette sales

Time： 2023-10-07

The US FDA fined 22 retailers for illegally selling Elf Bar/EB Design, an e-cigarette brand popular among teenagers, and issued warnings to 168 physical stores....

Recently, according to the official website of the U.S. Food and Drug Administration (FDA), the FDA decided to issue civil monetary penalties (CMPs) to 22 retailers in the United States for illegally selling ELFBAR/EB Design, an e-cigarette brand popular among teenagers. FDA Warning letters will also be issued to 168 physical stores illegally selling these products.

The FDA has previously reminded these retailers in the form of warning letters to stop selling unauthorized tobacco products. However, during follow-up inspections, the FDA found that these retailers had not corrected the above violations, so it took this mandatory civil penalty measure.

Dr. Brian King, director of the FDA’s Center for Tobacco Products (CTP), said:

"The FDA has made clear that we will use the full range of our powers to hold those who break the law accountable. These retailers have been clearly warned of the consequences if they do not correct their violations. They chose to do nothing and will now face the consequences .”

The complaints seek civil penalties of up to $19,192 per retailer for a single violation. While the FDA has issued civil penalty complaints against retailers for selling unauthorized tobacco products in the past, this is the first time the agency has sought the maximum penalty from CMP for such a violation. Retailers can pay a fine, enter into a settlement agreement, request an extension of time to respond to the complaint, or file a response and request a hearing. Businesses that fail to take action within 30 days of receiving a complaint will face a default order and be fined the full amount.

In addition to these civil penalty complaints, the FDA also announced the issuance of warning letters to 168 brick-and-mortar stores that illegally sell ELFBAR/EB Design products. The warning letters are the result of a nationwide retailer inspection campaign in August. Retailers who receive warning letters have 15 working days to respond to what steps they have taken to correct the breach and ensure compliance with the law. Failure to promptly correct violations may result in further FDA action, such as the issuance of an injunction, seizure, or civil monetary penalties.

Ann Simoneau, director of CTP’s Office of Compliance and Enforcement, said:

"We will continue to closely monitor all participants in the supply chain, including retailers, to ensure they are complying with federal law. This includes follow-up inspections and monitoring of retailers who receive warning letters, as well as further action where appropriate. act to enforce the law.”

As of September 19, 2023, the FDA has issued warning letters to more than 400 retailers, including physical stores and online retailers, for selling unauthorized tobacco products. In addition, the FDA has issued warning letters to more than 600 companies for manufacturing or distributing illegal tobacco products, including e-cigarettes, and filed civil penalty complaints against 31 e-cigarette manufacturers.

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