On November 16th, the FDA issued a warning letter to seven online retailers selling/or distributing unauthorized e-cigarettes. The packaging of these unauthorized e-cigarettes looks like toys and beverage containers that attract young people, including milk boxes, soft drink bottles, and slush. The design of the product may also help teenagers hide e-cigarettes from adults, or confuse e-cigarettes with daily items and content accidentally ingested by young children.

As the academic year continues, parents, teachers, and other adults must be aware that illegal e-cigarettes are packaged like everyday items, which is crucial, "said Dr. Brian King, Director of the FDA Center and Master of Public Health. These types of products are easily hidden and contain nicotine, which is easily addictive and can damage the developing brain of teenagers

For educators and youth workers, it is important to be aware of these illegal products that attract young people, which may be deceptive and easily covered up, including among young students. The Electronic Cigarette Prevention and Education Resource Center is an online center that provides teachers with free scientific based course plans and materials, including how to identify invisible and disposable electronic cigarettes, and helps teenagers understand the risks associated with electronic cigarette use and nicotine addiction. The unauthorized products described in the warning letter released today include electronic cigarettes with the following characteristics:

Imitate beverage containers to hold beverages that attract young people, such as milk, soft drinks, and smoothies.

Toys designed to attract young people, such as dice, mobile phones, and dolls.

The results of the 2023 National Youth Tobacco Survey (NYTS) showed an encouraging decrease in e-cigarette use among high school students since 2022. However, the overall use of tobacco products by middle school students has increased, including e-cigarettes. Electronic cigarettes have become the most commonly used tobacco product for high school and high school students for ten consecutive years, with 2.1 million teenagers reporting their current use of the product in 2023.

The FDA uses various monitoring tools to monitor the rapidly developing e-cigarette situation and identify new threats to public health, "said Ann Simoneau, PhD and MBA, Director of the Compliance and Law Enforcement Office of the FDA Tobacco Products Center." We use the data from these tools to help prioritize the investigation of products that attract young people throughout the entire supply chain to ensure that illegal products are not taken off the shelves


Retailers who receive these warning letters sell and/or distribute e-cigarettes in the United States that lack FDA authorization, which is a requirement of the Federal Food, Drug, and Cosmetics (FD&C) Act to legally market new tobacco products. In addition to the specific products mentioned in the warning letter, retailers are also warned to address any violations that are the same or similar to those mentioned in the warning letter, and immediately take any necessary action to bring the tobacco products they sell into the market. Sales in the United States are subject to the FD&C Act. The seven retailers that issued warning letters have 15 working days to respond and take measures to correct any violations and prevent future occurrences of violations. Failure to promptly correct violations may result in the FDA taking additional actions, such as injunctions, seizures, and/or civil fines.

Today's warning letter is the latest in a series of efforts taken by the FDA throughout the entire supply chain to address the issue of illegal e-cigarettes that attract young people. As of November 2023, the FDA has issued approximately 630 warning letters to companies that manufacture and/or distribute illegal e-cigarette products and devices, issued over 400 warning letters to retailers selling unauthorized e-cigarettes, and filed civil penalty complaints against 35 e-cigarette manufacturers and 42 retailers for manufacturing or selling unauthorized products, and collaborated with the Ministry of Justice, Seeking a ban on six unauthorized e-cigarette manufacturers.