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FDA Seeks Civil Money Penalties Against 11 Retailers Selling Unauthorized E-Cigarettes

Retailers Were Previously Warned and Failed to Take Corrective Action

September 23, 2024

On Sept. 23, FDA announced that the agency is seeking fines against two brick and mortar retailers and nine online retailers. FDA previously issued warning letters to these retailers for their sale of unauthorized tobacco products, however, follow-up inspections revealed that the retailers had failed to correct the violations. Accordingly, the agency is now seeking a civil money penalty (CMP) of $20,678 from each retailer.

To date, FDA has filed civil money penalty complaints against 70 manufacturers and 160 retailers for distribution and/or sale of unauthorized tobacco products. These actions reflect FDA’s continued dedication to bringing enforcement actions against entities along the supply chain who violate the law relating to tobacco products.

The FDA has currently authorized 34 e-cigarette products and devices. The agency maintains a printable one-page flyer of all authorized e-cigarette products that retailers can easily consult to determine which products may be lawfully marketed and sold in the United States. Entities manufacturing, importing, selling, or distributing e-cigarettes that lack the required premarket authorization risk enforcement actions.

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