The US Food and Drug Administration (FDA) has taken its next step in regulating e-cigarettes by sending warning letters to 10 companies selling flavored disposable cigarettes.
FDA’s ban on flavored e-cigarettes came into effect this past February, but mostly targeted reusable vaping devices and only allowed menthol and tobacco flavors. The flavor restrictions did not apply to disposable vaping products.
Puff Bar, HQD Tech USA LLC, and Myle Vape Inc. received warning letters for illegally marketing disposable e-cigarettes, following an FDA review of the companies’ websites which FDA says revealed that each firm is selling or distributing unauthorized tobacco products that were first introduced or modified after August 8, 2016—the effective date of the deeming rule that extended the FDA’s authority to all tobacco products. Puff Bar and HQD Tech were also cited for an additional violation for marketing their products as modified risk tobacco products without an FDA order in effect that permits such marketing.
Additionally, Eleaf USA, Vape Deal LLC, Majestic Vapor LLC, E Cigarette Empire LLC, Ohm City Vapes Inc., Breazy Inc. and Hina Singh Enterprises (doing business as Just Eliquids Distro Inc.), received warning letters for marketing unauthorized e-liquids that imitate packaging for food products that “often are marketed and appeal to youth”, such as Cinnamon Toast Crunch cereal, Twinkies, Cherry Coke, and popcorn, or feature cartoon characters.
FDA has requested responses from each firm within 15 working days detailing how each company intends to address the agency’s concerns, including the dates on which each firm discontinued the sale and/or distribution of these tobacco products, and its plans for maintaining compliance. Failure to correct violations may result in further action such as a civil money penalty complaint, seizure, or injunction. In addition, misbranded or adulterated products imported into the US are subject to detention and refusal of admission.
All US vaping companies have until this September to submit their products for FDA review.