Vape purveyors be warned, the U.S. Food and Drug Administration is on a mission to clear the air of cotton candy clouds. The federal agency has issued official warning letters to 189 stores over claims that the retailers are selling illegal e-cigarettes and related products, according to a Thursday press statement.
Specifically, the FDA is cracking down on teens’ favorite vapes—Elf Bar and Esco Bars disposable e-cigs, which “come in flavors known to appeal to youth,” like gummy bear, bubblegum, and cola and are not authorized by the FDA, per the release. Despite its illicit status, Elf Bar is the most popular disposable vape brand among teens aged 16 to 19, according to the agency. The brand, made by Chinese company iMiracle Shenzhen, is just one of several e-cig brands that have emerged in the wake of the FDA banning Juul. Elf Bar has been cited more than any other brand in recent accidental e-cig exposure and poisoning reports, according to FDA data—most occurring among children younger than five.
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The newly announced warning letters were sent out to shops in 30 states between June 5th and 16th, following a “nationwide retailer inspection blitz,” the FDA said. Previously, in May, the agency noted it had sent letters to 30 shops. In total, more than 570 e-cig-related warning letters have been issued to makers, distributers, and sellers. “After receiving a warning letter, a majority of companies correct the stated violations,” the FDA claims.
If stores don’t stop peddling their battery-powered flavor sticks, the agency has indicated it plans to take additional steps to bring sellers in line. “The FDA is prepared to use all of its authorities to ensure these, and other illegal and youth-appealing products, stay out of the hands of kids,” said FDA Commissioner Robert M. Califf in the news release. “We are committed to a multipronged approach using regulation, compliance and enforcement action and education to protect our nation’s youth.”
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The U.S. banned all flavored vape pods beyond those intended to taste like tobacco or menthol in early 2020. That FDA policy bars the manufacture, distribution, and sale of such e-cigs, and gave companies and sellers 30 days from implementation to comply. Only a short list of e-cigarette products have been granted authorization by the FDA. But clearly, flavored vapes beyond those sanctioned have continued to persist across the country, especially ones that exude a visual appeal on TikTok and other social media, where Elf Bar vapes are a popular accessory.
However, the FDA has a limited set of enforcement tools at its disposal. It can issue civil penalties (i.e. fines), and can sue to order permanent injunctions—legally requiring companies and stores to cease their violations. It can also seize unauthorized products. But that’s about it— there’s no criminal penalty in play here. Despite the agency issuing fines and bringing forward lawsuits in recent months, new illegal vape products and brands proliferate and e-cigarette sales rose dramatically between 2020 and 2022, according to newly released CDC data. To stop the ever-flowing river of tasty vape juice, the agency might need to shift tactics.
Some studies have demonstrated that vapes can, indeed, be helpful for people trying to cut back on smoking traditional cigarettes. But other research suggests puffing on e-cigarettes still carries significant health risks—like increased chances of gum disease, chronic lung illness, and cell damage. Whether or not vapes are equally as harmful as cigarettes is an unresolved question. Either way, the FDA doesn’t want kids—drawn in by bright colors and sweet smokescreens— to be the guinea pigs.
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