Yesterday, the FDA announced that it issued warning letters to nine online retailers and one manufacturer for selling and/or distributing unauthorized disposable e-cigarettes with designs and functionalities that resemble smart technology, including phones and gaming devices.
The products cited in the warning letters are “advertised as having a variety of designs and functions that may appeal to youth, such as the ability to play games, connect to a smartphone, receive text or call notifications, play music or personalize products with custom wallpaper,” according to the agency.
“These products may resemble smart devices, but there’s nothing smart about them,” said Brian King, Ph.D., M.P.H., director of FDA’s Center for Tobacco Products. “They’re illegal to sell and a flagrant attempt to target kids.”
Further, the FDA also said that the designs of the unauthorized products cited in the warning letters are likely to appeal to youth because the designs help conceal the nature of the products as tobacco products from parents, teachers or other adults.
The firms receiving these warning letters sold and/or distributed e-cigarettes in the United States that lack authorization from FDA to legally market a new product, which is in violation of the Federal Food, Drug and Cosmetic Act. In addition to the violations mentioned in the warning letters, the retailers and manufacturer were warned to address any violations that are the same as, or similar to, those stated in the warning letter and promptly take any necessary actions to comply with the law. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure and/or civil money penalty, the agency warned.
To date, FDA has issued more than 700 warning letters to firms for manufacturing, selling and/or distributing unauthorized new tobacco products, issued more than 690 warning letters to retailers for the sale of unauthorized tobacco products and filed civil money penalty complaints against more than 75 manufacturers and more than 150 retailers for distribution and/or sale of unauthorized tobacco products.