FDA Seeks Fines Against 10 Retailers for Selling Unauthorized E-Cigarettes

9 brick-and-mortar businesses and 1 online retailer fined $20,678 each for carrying Elf Bar
Elf Bar
Photograph: Shutterstock

The Food and Drug Administration is seeking civil money penalties (CMP) against nine brick-and-mortar retailers and one online retailer for the sale of unauthorized Elf Bar e-cigarettes. The FDA on Thursday said it previously warned these retailers; however, follow-up inspections revealed the retailers failed to correct the violations.

The FDA said it is seeking a penalty amount of $20,678 from each retailer. Citing the 2023 National Youth Tobacco Survey, the agency said Elf Bar was the most commonly used brand among middle and high school students who reported using e-cigarettes.

This set of CMP complaints follows others the FDA filed in February and April of this year for the sale of 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 agency said.

As of Thursday, 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.

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