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On April 27, 2020, the U.S. Food and Drug Administration issued ten warning letters to retailers and manufacturers who sell, manufacture and/or import unauthorized electronic nicotine delivery system (ENDS) products targeted to youth or likely to promote use by youth.

The warning letters were sent to establishments marketing unauthorized products, such as a backpack and sweatshirt designed with stealth pockets to hold and conceal an e-cigarette, ENDS products that resemble smartwatches or devices appearing as children’s toys such as a portable video game system or fidget spinner.

Warning letters were also issued to companies marketing e-liquids that imitate packaging for food products that often are marketed and appeal to youth, such as candy or feature cartoon characters like SpongeBob SquarePants.

These warning letters are part of the FDA’s ongoing enforcement efforts against ENDS and other deemed tobacco products illegally on the market. The warning letters are also in line with the agency’s stated enforcement priorities against any ENDS product targeted to youth or likely to promote use by youth. If the recipients of these warning letters do not cease the manufacture, distribution and/or sale of these unauthorized tobacco products, they risk additional FDA action such as an injunction, seizure and/or civil money penalty actions.

The following retailers and/or manufacturers or importers received a warning letter:

– Vaprwear Gear, LLC (manufacturer, online retailer)

– Vapewear, LLC (manufacturer, online retailer)

– Wizman Limited (manufacturer, online retailer)

– EightCig, LLC (online retailer)

– Ejuicepack, LLC (online retailer)

– Vape Royalty, LLC (online retailer)

– VapeCentric, Inc. (online retailer)

– Dukhan Store (online retailer)

– VapeSourcing (online retailer)

– Shenzhen Uwell Technology Co., Ltd. d/b/a DTD Distribution Inc. (importer, retailer)

The FDA has also issued warning letters to 73 brick-and-mortar retailers for selling unauthorized flavored, cartridge-based ENDS products. Those warning letters were sent to 10 retail businesses found in Greensboro, Newton Grove, Winston Salem, Candler, Charlotte, Concord and Fayetteville.

On Dec. 20, 2019, the President Donald Trump signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age for sale of tobacco products from 18 to 21 years. This legislation (known as “Tobacco 21” or “T21”) was effective immediately. It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21. The new federal minimum age of sale applies to all retail establishments and persons with no exceptions.

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