FDA Warns 30 Retailers About Selling Puff and Hyde Brand E-Cigarettes

The action is part of a ‘blitz’ to crack down on unauthorized products.

June 05, 2023

WASHINGTON—Late last week, the U.S. Food and Drug Administration (FDA) issued warning letters to 30 retailers, including one distributor, for illegally selling unauthorized tobacco products. The unauthorized products were various types of Puff and Hyde brand disposable e-cigarettes. The Puff products include Puff Bar.

According to the FDA, Puff and Hyde were two of the most commonly reported brands used by youth e-cigarette users in 2022. Among youth e-cigarette users, about 20% reported usually using Puff Bar or Hyde brand products in 2022.

“Today’s action underscores the agency’s unwavering commitment to addressing the role retailers and distributors of unauthorized tobacco products play in this concerning public health issue facing America’s youth,” wrote the FDA in a statement.

The FDA said that the warning letters were a result of a nationwide blitz by the FDA to crack down on the sale of unauthorized e-cigarettes that are popular with youth, specifically Puff and Hyde products. The blitz included investigations of hundreds of retailers and distributors across the country. All products cited in the warning letters are disposable e-cigarettes.

“Since becoming director of CTP, I’ve been crystal clear that FDA will not stand by while retailers and distributors seek to profit off illegally selling products that are well-known to appeal to youth,” said Brian King, Ph.D., MPH., director of the FDA’s Center for Tobacco Products. “Retailers and distributors play a key role in keeping unauthorized tobacco products off the shelves, and if they fail to do so, we’re committed to taking appropriate action.”

When e-cigarettes lack a marketing authorization order from the FDA, selling or distributing them to consumers in the U.S. is prohibited under the Federal Food, Drug and Cosmetic Act. The FDA generally sends warning letters the first time an inspection or investigation reveals a violation of the law, and recipients are given 15 working days to respond with the steps they’ll take to correct the violation and to prevent future violations.  

To date, the FDA reports that it has authorized 23 tobacco-flavored e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully sold in the U.S. The distribution or sale of unlawfully marketed products is subject to enforcement action.