More E-Cigarettes Ordered Off The Market In FDA Warning Letters

Federal regulators have ordered the makers of Puff Bar vapes and other e-cigarette manufacturers to remove certain flavored products from the market, as part of a continuing attempt to combat the teen vaping epidemic in the United States.

In a press release issued on July 20, the FDA announced it has sent warning letters to ten different companies, requiring that they remove the flavored vape products and flavored e-liquid from the market.

The warning letters were issued to Cool Clouds Distribution Inc. doing business as Puff Bar, as well as HQD Tech USA LLC, Male Vape Inc, 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 Liquids Distro Inc.

The warnings advise the companies to stop selling or distributing any unauthorized e-cigarette product targeted toward teens. That includes products that imitate food products, like strawberry, fruit punch, or other candy-like flavors.

It also warns against advertising products with packaging that appeals to youth, as some of the products have been sold in packaging resembling popular treats like Cinnamon Toast Crunch and Twinkies.

The warning letters indicate the companies do not have authorization to sell the products in the U.S.

“The FDA continues to prioritize enforcement against e-cigarette products, specifically those most appealing and accessible to youth,” said FDA Commissioner Stephen M. Hahn. “We are concerned about the popularity of these products among youth and want to make clear to all tobacco product manufacturers and retailers that, even during the ongoing pandemic, the FDA is keeping a close watch on the marketplace and will hold companies accountable.”

According to the FDA warning, the companies have 15 days to respond to the warnings indicating their compliance. Failure to correct violations may result in further action such as civil money penalty complaint, seizure or injunction.

In February, the FDA banned cartridge-based flavored e-cigarettes, with the exception of menthol and tobacco flavors. However, many manufacturers exploited a loophole in that ban by selling disposable products, like Puff Bar.

Recent data indicates e-cigarette sales continued to increase even after flavored e-cigarettes were removed from the market.

E-cigarettes have quickly become the most popular form of tobacco use among teens in the United States contributing to increasing numbers of teens using and becoming addicted to tobacco. Research has indicated e-cigarettes contain toxic chemicals that are carcinogenic to the human body and may lead to serious health side effects including respiratory problems.

Other studies have indicated children vape more when they use candy-like non-traditional flavors. But vape products like JUUL were intentionally designed to deliver higher rates of nicotine than other types of e-cigarettes, increasing the risk of addiction.

Hundreds of JUUL lawsuits are being pursued by individuals who have now developed life-long nicotine addictions, which were allegedly caused by false and misleading advertisements for the vaping pods that targeted teens and prior non-smokers. In addition, a number of school districts are also pursuing claims for damages that resulted from the vaping epidemic, which has disrupted classes and have diverted resources in recent years.

Given similar questions of fact and law presented in claims filed throughout the federal court system, about 600 lawsuits are currently centralized before U.S. District Judge William H. Orrick III in the U.S. District Court for the Northern District of California, which is where JUUL Labs, Inc.’s San Francisco headquarters are located.