On June 13, the FDA announced that it had issued warning letters to six online retailers for selling unauthorized e-cigarette oil products from the Bad Drip brand that imitated prescription medication bottles. Retailers have also been warned for selling unauthorized flavored disposable e-cigarettes, including those under the Funky Republic and HQD brands.



"It's incredible that anyone would think it was a good idea to package tobacco products to look like prescription pill bottles," said Brian King, Ph.D., M.P.H., director of the FDA's Center for Tobacco Products. "There is no basis for such gratuitous and blatantly dangerous packaging. "The FDA is committed to taking action against the illegal sale of these products."



In addition to selling e-liquids that mimic prescription pill bottles, the retailers have also been warned for selling unauthorized disposable e-cigarettes that appeal to young people and include flavors such as apple, watermelon and mint. According to the 2023 National Youth Tobacco Survey, among U.S. middle school students who use e-cigarettes, 89.4% reported using flavored products and 60.7% reported using disposable products. FDA continues to take compliance and enforcement actions based on the agency's ongoing monitoring of multiple surveillance systems used to identify products that are popular among or attractive to young people.



For all of these actions, retailers who received warning letters were selling or distributing e-cigarette products in the United States that lacked FDA authorization to legally sell new tobacco products in violation of the Federal Food, Drug, and Cosmetic Act. Retailers who receive warning letters have 15 working days to respond and take steps to correct any violations and prevent future violations. If violations are not promptly corrected, FDA may take enforcement action, such as injunctions, seizures, and/or civil monetary penalties.



These new warning letters mark another step in the FDA’s continued efforts to remove illegal vaping products from the market, especially those that appeal to young people. To date, the FDA has issued more than 550 warning letters and more than 100 civil penalty complaints to retailers for selling unauthorized e-cigarettes. The FDA also coordinated with the U.S. Department of Justice (DOJ) to seek injunctions against seven unauthorized vaping product manufacturers and coordinated with the DOJ to seize more than $700,000 worth of unauthorized vaping products.