On October 30, 2024, the US FDA issued a warning letter for e-cigarettes: crack down on illegal sales and designs that attract young people
On October 30, 2024, the U.S. Food and Drug Administration (FDA) announced that it had issued warning letters to nine online retailers and one manufacturer, alleging that they were selling and/or distributing unauthorized disposable e-cigarette products. These vaping products are exceptionally unique in design and function, similar to electronic products such as mobile phones and gaming devices, which has caused widespread concern and concern.
According to the FDA, the alleged products not only have the basic functions of e-cigarettes, but also incorporate a variety of designs and features that may appeal to young people. For example, they can play games, connect smartphones, receive text or phone notifications, play music, and even allow users to set personalized features like custom wallpapers. These features make these vaping products look more like smart devices than traditional tobacco products.
Dr. Brian King, director of the FDA's Center for Tobacco Products, strongly condemned this: "These products may look like smart devices, but in reality they are not smart at all. Selling them is illegal and a blatant attempt on children. We must resolutely combat this illegal sale of young people. ”
In the warning letter, the FDA made it clear that the design of these unauthorized products could mislead young people, making it difficult for them to identify the true attributes of these products. These designs help hide the fact that these products are tobacco products from parents, teachers or other adults, increasing the risk of young people being exposed to and using e-cigarettes.
To illustrate the problem more visually, the FDA attached an example diagram of the unauthorized product compared to an electronic device on the consumer market in the warning letter. The images clearly show how these vaping products look and function similarly to smart devices, and how they can mislead consumers.
In addition to the specific violations mentioned in the warning letter, FDA requires retailers and manufacturers to address all other violations that are the same or similar to those described in the warning letter. They must take the necessary steps in a timely manner to comply with the law or face further action from the FDA. These actions may include injunctions, seizures, and/or civil penalties, among others.
It is understood that since the launch of the campaign against unauthorized new tobacco products, the FDA has issued more than 700 warning letters to companies that manufacture, sell, and/or distribute such products, and more than 690 warning letters to retailers who sell unauthorized tobacco products. In addition, the FDA filed civil penalty complaints against more than 75 manufacturers and more than 150 retailers.
The FDA's action once again underscores its commitment to cracking down on illegal e-cigarette sales and protecting young people from tobacco products. For the domestic e-cigarette industry, this is also an important warning and reminder. Companies need to pay close attention to FDA's regulatory developments and policy requirements, strengthen internal compliance management, and ensure the legality and safety of products. At the same time, enterprises also need to actively respond to market challenges and regulatory risks, and continuously improve product competitiveness and brand image.
