On Feb. 1, 2024, FDA issued warning letters to 14 online retailers for selling unauthorized e-cigarette products. These warning letters cite the sale of disposable e-cigarette products marketed under the brand names such as Elf Bar/EB Design, Lava Plus, Funky Republic/Funky Lands, Lost Mary, Cali Bars, Cali Plus, and Kangvape.
These warning letters were informed by FDA’s ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal. Findings from the 2023 National Youth Tobacco Survey found that more than 50 percent of youth who use e-cigarettes reported using the disposable e-cigarette brand Elf Bar; in 2023, the manufacturer of Elf Bar began marketing the product under the name “EB Design.” In addition, the brands Lava Plus, Funky Republic/Funky Lands, Kangvape, Cali, and Breeze were identified as popular or youth-appealing by the agency following review of retail sales data and emerging internal data from a survey among youth.
The retailers receiving these warning letters sold or distributed e-cigarette products in the United States that lack authorization from FDA, in violation of the Federal Food, Drug, and Cosmetic Act. Warning letter recipients are given 15 working days to respond with the steps they will take to correct the violation and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.
These warning letters are the latest in FDA’s ongoing efforts among retailers to address the marketing and sale of unauthorized e-cigarettes that appeal to youth. As of Jan. 30, 2024, FDA issued more than 440 warning letters and 88 CMPs to retailers for the sale of illegal e-cigarettes, including through a series of nationwide inspection efforts of brick and mortar retailers.
To date, FDA has authorized 23 e-cigarette devices and tobacco-flavored e-cigarette products. For retailers looking for information on which e-cigarettes are legal to sell, in addition to a list on our website, FDA created a printable, one-page flyer of these authorized products. Additionally, FDA has already begun work on the development of a searchable public database of all tobacco products that have an FDA marketing order.