On July 31, the FDA issued warning letters to five online retailers for selling unauthorized disposable e-cigarette products under the brands Geek Bar, Lost Mary, and Bang. The retailers involved include Smoke and Vape Company, LLC (d/b/a Smoke and Vape Co.), Smoking Vibes LLC (d/b/a Smoking Vibes), Cavalry Industries (d/b/a Select Vape), HTXW LLC (d/b/a FOMO Culture), and Global Supply Allies Inc. (d/b/a Vapor Grab).
These warnings stem from the FDA’s ongoing surveillance efforts, which involve analyzing various data sources to identify emerging products of concern, particularly those appealing to youth. Recent data indicated that Geek Bar, a brand owned and manufactured in China, has experienced a surge in sales and may attract younger consumers.
The FDA is committed to holding retailers accountable for selling unauthorized tobacco products, especially those popular among youth. To date, the agency has issued over 680 warning letters to firms for manufacturing, selling, or distributing unauthorized tobacco products, more than 690 warning letters to retailers for selling such products, and has filed civil penalty complaints against 64 manufacturers and over 140 retailers.
Retailers receiving these warning letters have 15 working days to respond, outlining the measures they will take to rectify the violations and prevent future occurrences. Failure to address these issues promptly could lead to further FDA actions, including injunctions, seizures, and civil penalties.
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As of August 1, 2024, the FDA has authorized 34 e-cigarette products and devices. The agency provides a printable one-page flyer listing all authorized e-cigarette products, which retailers can use to verify which products can be legally marketed and sold in the U.S. Entities involved in the manufacturing, importing, selling, or distributing of e-cigarettes without the necessary premarket authorization face the risk of enforcement actions.