The Food and Drug Administration is seeking civil money penalties (CMP) against 20 brick-and-mortar retailers and two online retailers, for the sale of unauthorized Elf Bar. The FDA said it previously warned these retailers; however, followup inspections revealed the retailers did not correct the violations.
The FDA said it is seeking a penalty amount of approximately $20,000 from each retailer. The unauthorized e-cigarettes appeal to youth, the agency said, citing the 2023 National Youth Tobacco Survey, which found that Elf Bar is a commonly used brand among youth e-cigarette.
As of Tuesday, the FDA has issued more than 550 warning letters and 108 CMPs to retailers both online and brick and mortar for selling unauthorized tobacco products. The agency has issued more than 670 warning letters to manufacturers, importers, and distributors for illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes.
The agency has also filed CMPs against 55 e-cigarette companies for manufacturing unauthorized products and sought injunctions in coordination with the U.S. Department of Justice against seven manufacturers of unauthorized e-cigarette products.
The FDA has authorized 23 tobacco-flavored e-cigarette products and devices, which are currently the only e-cigarette products that may be lawfully marketed and sold in the United States. Information on tobacco products that may be legally marketed in the United States is available in the agency’s new Searchable Tobacco Products Database.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.