FDA Issues Warnings To E-Cig Retailers Selling Unauthorized Products

Further to the warning letters sent in April, the US Food and Drug Administration (FDA) has now issued warnings to manufacturers and retailers who have been selling unauthorized vaping products and related merchandise, targeted at teenagers.

Diane Caruana

June 19, 2020

In the first week of January, the FDA released the much anticipated guidance pertaining to flavoured vaping products. “Companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) within 30 days risk FDA enforcement actions,” said the guidance, which went into effect last February.

The products in question include items such as backpacks and sweatshirts, designed with stealth pockets sized specifically to hold and conceal e-cigarettes.

In response to this, the agency started receiving reports about non-compliant businesses. To this effect, in April 22 companies including both online retailers and retail outlets such as gas stations and convenience stores, were sent warning letters and asked to respond within 15 days.

Further to this, the FDA has recently issued ten more warning letters, this time to retailers and manufacturers who have been selling and/or importing unauthorized vaping products and related merchandise, targeted at youth. The merchandise includes items such as backpacks and sweatshirts, designed with stealth pockets sized specifically to hold and conceal e-cigarettes.

Warning letters were also issued to businesses which have been marketing e-liquids that imitate packaging for food products that appeal to youth, such as candy, or those which feature cartoon characters, such as SpongeBob. The following were some of the businesses who received warning letters:

Vaprwear Gear, LLC (manufacturer, online retailer)
Vapewear, LLC (manufacturer, online retailer)
Wizman Limited (manufacturer, online retailer)
EightCig, LLC (online retailer)
Ejuicepack, LLC (online retailer)
Vape Royalty, LLC (online retailer)
VapeCentric, Inc. (online retailer)
Dukhan Store (online retailer)
VapeSourcing (online retailer)
Shenzhen Uwell Technology Co., Ltd. d/b/a DTD Distribution Inc. (importer, retailer)

Manufacturing merchandise which makes it easier for teens to conceal vapes is unacceptable

Of course together with harm reduction advocates, we condemn the production and sales of any products which make it easier for teens to hide and use vaping products, and agree with the FDA that this is unacceptable. “The FDA is focused on manufacturers and retailers that make and sell ENDS products that are targeted to youth and increase their appeal. The public should really be outraged by these products,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products.

The FDA is especially disturbed by some of these new products being marketed to children and teens by promoting the ease with which they can be used to conceal product use, which appeals to kids because it allows them to conceal tobacco product use from parents, teachers, law enforcement or other adults.”

“Even in the midst of the COVID-19 pandemic, we have not lost our focus on protecting youth against the dangers of e-cigarettes and will do everything we can to take action. These warning letters should send a clear message to all tobacco product manufacturers and retailers that the FDA is keeping a close watch on the marketplace. If you’re marketing or selling these products to youth, the FDA will not tolerate it,” added Zeller.