FDA Issues 15 Warning Letters to Online Retailers Selling E-Cigarettes

On August 23, 2023, the United States Food and Drug Administration distributed 15 warning letters to online retailers selling or distributing illegal and unauthorized e-cigarettes that appeal to younger patient populations.

The products resemble characters from youth TV shows, school supplies, toys, and drinks, making them more attractive to younger people who are not legally allowed to purchase or use them. For example, the e-cigarettes have been made to resemble SpongeBob, teddy bears, or Mario characters.

“The design of these products is a shamelessly egregious attempt to target kids,” said Brian King, PhD, MPH, director of FDA’s Center for Tobacco Products (CTP), in the FDA press release. “It’s a tough sell that adults using e-cigarettes to transition away from cigarettes need them to look like SpongeBob in order to do so successfully.”   

Warning letters have gone out to the following companies or distributors:

1. Viper Vapor LLC
2. Vape123
3. Mini Cup Vape
4. SpongeBob Vape
5. Finest Ounce Vape
6. Mochivap
7. Vapestore.to
8. Titan Star Resources
9. Venture Concepts Group LLC
10. StrikesUSA
11. VR Products LLC
12. Best Vapes Store
13. WTech Enterprises LLC
14. Lizard Huice LLC
15. Preferred Vapor Manufacturing

The FDA sent out the letters under authorities granted by the Federal Food, Drug, and Cosmetics Act. In the letters, the administration gives the companies roughly 15 business days to remove the products from the market and address any violations not explicitly mentioned in the statements.

The companies risk injunctions, seizures, or civil money penalties if they do not resolve the conflicts before the projected deadline.

“CTP will continue to closely monitor all those in the supply chain, including retailers, for compliance with federal law,” added Ann Simoneau, JD, MBA, director of the Office of Compliance and Enforcement within FDA’s Center for Tobacco Products. “As always, we will hold anyone accountable that sells unauthorized tobacco products labeled, advertised, and/or designed to encourage use by our nation’s youth.”