The Food and Drug Administration is seeking civil money penalties (CMP) against 21 brick-and-mortar retailers, including several convenience stores, for the sale of unauthorized Esco Bars e-cigarettes. The FDA said it previously warned these retailers; however, followup inspections revealed the retailers did not correct the violations.
The agency is seeking the maximum penalty amount of $20,678 per violation from each retailer. Those retailers include Jet Wing Convenience Store in Colorado Springs, Colorado; U.S. Oil in St. Joseph, Missouri; Let’s Stop and Shop/CITGO in Alexandria, Louisiana; among others. The full list from the FDA can be found here.
These are the first set of CMP complaints the FDA has filed for the sale of unauthorized Esco Bars e-cigarettes. The products appeal to youth, the FDA said, citing the 2023 National Youth Tobacco Survey, which found they were the second most commonly used brand among youth e-cigarette users.
“These retailers were duly warned of what could happen if they continued selling these unauthorized e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products. “They should have acted responsibly to correct the violations, but they chose not to do so and now must face the consequences of that decision. FDA won’t sit back and tolerate inaction to comply with the law.”
The FDA has also sought penalties against retailers for selling unauthorized Elf Bar products.
The retailers can pay the penalty, enter into a settlement agreement, request an extension of time to file an answer to the complaint or file an answer and request a hearing. Retailers that do not act within 30 days of receiving a complaint risk a default order imposing the full penalty amount, the FDA said.
As of Tuesday, the FDA has issued more than 440 warning letters and 88 CMPs to retailers for selling unauthorized tobacco products. It has also filed CMPs against 48 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.
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