On Wednesday, the FDA sent warning letters to 15 retailers giving them 15 working days to rectify the complaint of selling e-cigarettes targeted to young people.
The letters state that the named retailers are marketing to children and young adults, and Brian King, director of FDA’s Center for Tobacco Products (CTP) argued, “It’s a tough sell that adults using e-cigarettes to transition away from cigarettes need them to look like SpongeBob in order to do so successfully.”
King is referring to the unauthorized products in question such as a “SpongeBob SquarePants,” “Lots-o'-Huggin' Bear” and “Mario.” Other youth-appealing tactics include e-cigarettes shaped liked a highlighter or a Nintendo Game Boy, as noted on the FDA website.
The retailers who received these letters are selling and/or distributing these products without authorization from the FDA, which is a requirement under the Federal Food, Drug, and Cosmetic (FD&C) Act when marketing a new tobacco product.
The retailers were given 15 working days to respond with the steps they’ll take to correct the violation and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizur, and/or civil money penalties.
“CTP will continue to closely monitor all those in the supply chain, including retailers, for compliance with federal law,” said Ann Simoneau, director of the office of compliance and enforcement within FDA’s Center for Tobacco Products. “As always, we will hold anyone accountable that sells unauthorized tobacco products labeled, advertised and/or designed to encourage use by our nation’s youth.”
In the FDA announcement, it is noted that as of August 2023, the FDA has issued about 600 warning letters to manufacturers that are making and/or distributing illegal tobacco products. Last month, NACS Daily reported on three distributors who were issued a warning letter.
In addition to the warning and requirements to address violations, the Agency “is also seeking to raise awareness among parents, teacher, and other adults headed into the new school year.”
West Virginia launched its own anti-vaping campaign ahead of the new school year, “West Virginia’s Future: Don’t Let Vaping Cloud It.”
“The use of e-cigarettes is a significant issue facing West Virginia youth, with approximately half of all high school students reporting using e-cigarettes in 2021,” said Dr. Matthew Christiansen, State Health Officer and Commissioner for DHHR’s Bureau for Public Health. “This curriculum has been shown to effectively increase knowledge of the dangers of e-cigarettes and reduce nicotine vaping and overall tobacco use among students.”