FDA Targets Businesses at Trade Show
The Food and Drug Administration says it has taken action against unauthorised e-cigarettes promoted at industry trade show and is clamping down on online sales
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by Dave Cross
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The Food and Drug Administration (FDA) says it has taken action against unauthorised e-cigarettes promoted at an industry trade show and is clamping down on online sales of two of the top e-cigarette brands it says are used by teens. The FDA says it has issued six warning letters to manufacturers and retailers “for the sale or distribution of unauthorised e-cigarette products” promoted at the trade show.
The FDA states: “Subsequent to observations made by Centre for Tobacco Products (CTP) staff attending the trade show, FDA conducted investigations and has issued warning letters to six retailers and manufacturers for selling or distributing unauthorised e-cigarette products. Regulated entities must comply with all applicable requirements under the Federal Food, Drug, and Cosmetic Act. Under these requirements, the sale and distribution of unauthorised tobacco products is illegal, including at industry events such as trade shows or expos.”
John Verbeten, Director of CTP’s Office of Compliance and Enforcement, commented: “Regulated industry should be aware that CTP obtains leads that inform investigations from many sources, including trade shows. We remain committed to identifying and taking action against those breaking the law, including at these events.”
The FDA has also revealed that it has issued five warning letters to online retailers for selling “unauthorised e-cigarette products popular with youth, including products marketed under the brand names Breeze, Mr. Fog, and Raz”.
It says that results from the recently released 2024 National Youth Tobacco Survey found that Breeze and Mr. Fog were among the top five most commonly used brands among youth who use e-cigarettes.
“Additionally, Raz was identified as a popular brand through routine surveillance, with youth-appealing flavours such as sour mango pineapple and razzle dazzle.”
The Food and Drug Administration fails to note that teen use has been falling for two years.
“The companies receiving these warning letters sold or distributed e-cigarette products that have not been granted marketing authorisation from FDA, in violation of the law. Warning letter recipients are given 15 working days to respond with the steps they will take to address the violations cited in the warning letter and to prevent future violations. Failure to promptly address the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties,” the Administration continued.
“These actions are part of the agency’s ongoing efforts to crack down on unauthorised e-cigarettes across the supply chain, including retailers. Throughout the last year, the agency has conducted inspections of retailers to identify those selling unauthorised e-cigarettes—including in August, July, June, May, March, and February. As a result of these actions, FDA has issued more than 690 warning letters and more than 140 civil money penalty actions to retailers for the sale of unauthorized e-cigarettes. To date, FDA has authorised 34 e-cigarette products and devices. These are the only e-cigarette products and devices that currently may be lawfully marketed and sold in the United States.”
Dave Cross
Journalist at POTVDave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous start-ups to develop content for their websites.
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