FDA Warns Retailers Against Illegal Sales Of Disposable E-cigarettes

(RTTNews) - The U.S. Food and Drug Administration has warned certain retailers against unauthorized sales of popular disposable e-cigarettes, mainly various types of Puff and Hyde brand e-cigarettes.

Under the retailer inspection blitz, warning letters have been issued to 30 retailers, including one distributor, for illegally selling such products.

All products cited in the warning letters are disposable e-cigarettes, which are the most commonly used e-cigarette product type among youth.

The agency has been conducting a nationwide blitz to crack down on the sale of unauthorized e-cigarettes that are popular with youth, specifically Puff and Hyde products. The blitz included investigations of hundreds of retailers and distributors across the country.

According to the agency, Puff and Hyde brand disposable e-cigarettes were two of the most commonly reported brands used by youth e-cigarette users in 2022. About 20 percent of youth e-cigarette users reported using Puff Bar or Hyde brand products last year.

Brian King, director of the FDA's Center for Tobacco Products, said, "Since becoming director of CTP, I've been crystal clear that FDA will not stand by while retailers and distributors seek to profit off illegally selling products that are well-known to appeal to youth. Retailers and distributors play a key role in keeping unauthorized tobacco products off the shelves, and if they fail to do so, we're committed to taking appropriate action."

The retailers will get 15 working days to respond with the steps they'll take to correct the violation and to prevent future violations.

To date, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices, which are the only e-cigarette products that currently may be lawfully sold in the U.S. Selling or distributing e-cigarettes that lack a marketing authorization order to consumers in the U.S. is prohibited under the Federal Food, Drug, and Cosmetic Act.

From January 2021 through May 2023, the agency issued more than 560 warning letters. In February, it filed its first civil money penalty complaints against four e-cigarette manufacturers. So far, the FDA has filed civil money penalty complaints against ten e-cigarette manufacturers.

In October 2022, the first complaints for permanent injunctions were filed against six e-cigarette manufacturers.

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