On February 26th, the U.S. Food and Drug Administration (FDA) announced its filing of complaints for civil money penalties (CMPs) against 20 brick-and-mortar retailers found selling unauthorized Elf Bar vapes.
Despite prior warning letters issued by the FDA regarding the sale of unauthorized vapes, subsequent inspections revealed persistent violations among these retailers. Consequently, the agency is pursuing the maximum penalty amount of $20,678 for each violation from the implicated retailers.
This latest action adds to the FDA’s ongoing efforts, with over 100 CMP complaints filed against retailers for the illicit sale of Elf Bar vapes. Data underscores the popularity of these products among youth, as highlighted by the 2023 National Youth Tobacco Survey. Elf Bar emerged as the most commonly used brand among U.S. youth vape users, with over half of middle and high school students reporting its use in the past 30 days.
Brian King, director of the FDA’s Center for Tobacco Products, condemned the retailers’ persistent non-compliance, stating, “Their continued failure to comply with the law is inexcusable, and as is evidenced by today’s actions, we’re committed to holding them accountable for it.”
As of February 15th, the FDA has issued over 440 warning letters and initiated 100 CMP actions against various retailers, including brick-and-mortar and online establishments, for the unauthorized sale of tobacco products. Additionally, the FDA has issued more than 660 warning letters to manufacturers, importers, and distributors for unlawfully selling and/or distributing unauthorized new tobacco products, including vapes.
Furthermore, the agency has taken legal action against 50 e-cigarette firms for manufacturing unauthorized products and sought injunctions, in collaboration with the U.S. Department of Justice, against seven manufacturers of unauthorized vape products.
