Tag: retail

  • FDA Issues Warnings to 115 Retailers for Illegal Sales

    FDA Issues Warnings to 115 Retailers for Illegal Sales

    Credit: Marcus Krauss

    The U.S. Food and Drug Administration issued warning letters to 115 brick-and-mortar retailers for selling unauthorized vaping products. The warning letters cite the sale of disposable e-cigarette products owned by Chinese manufacturers and marketed under popular brand names, including Geek Bar Pulse, Geek Bar Skyview, Geek Bar Platinum, and Elf Bar. 

    The warning letters result from the FDA’s ongoing enforcement efforts, in coordination with state partners, to identify and crack down on the sale of unauthorized e-cigarettes, according to the agency. FDA has contracts with states, territories, or third-party entities to assist with compliance check inspections of retail establishments.  

    Findings from the 2024 National Youth Tobacco Survey indicated that 5.8 percent of current youth e-cigarette users reported using products under the Geek Bar brand. FDA’s review of additional rapid surveillance data and preliminary data from the Population Assessment of Tobacco and Health Study has also identified the brand as popular or youth-appealing. 

    Warning letter recipients are given 15 working days to respond with the steps they will 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, seizure, and/or civil money penalty. 

    A new tobacco product must have FDA authorization before it can be legally marketed, and generally, products without authorization are at risk of enforcement action. To date, the FDA has authorized 34 e-cigarette products and devices.

  • FDA Seeks Fines for 18 Sellers of Illegal Vapes

    FDA Seeks Fines for 18 Sellers of Illegal Vapes

    Credit: Adobe Stock

    The U.S. Food and Drug Administration announced it is seeking fines against two brick-and-mortar retailers and 16 online retailers who have continued to sell unauthorized vaping products.

    The regulatory agency previously issued warning letters to these retailers for their sale of unauthorized tobacco products; however, follow-up inspections revealed that the retailers had failed to correct the violations, according to an agency press release.

    “Many recipients of warning letters correct the violative conduct, the release states. “However, failure to promptly correct the violations can result in additional enforcement actions such as civil money penalties, as is the case for these companies.”

    The FDA has filed civil money penalty complaints against 79 manufacturers and 175 retailers for distribution and/or sale of unauthorized tobacco products. Additionally, the FDA works closely with federal enforcement partners, including through a newly announced federal interagency task force.

    For example, FDA and U.S. Customs and Border Protection recently announced the seizure of $76 million in illegal e-cigarettes.

    A bipartisan group of influential House lawmakers recently stated their doubts about the Food and Drug Administration’s proposal to begin collecting fees from e-cigarette companies, akin to how the agency charges fees to tobacco firms.

    FDA officials say that the fees would give regulators resources to tackle the thousands of illegal vapes lining store shelves.

  • Senator Wants Harsher Vape Laws in Kentucky

    Senator Wants Harsher Vape Laws in Kentucky

    Exterior of Kentucky State Capitol Building on a Summer afternoon. Frankfort, Kentucky, USA (Credit: EJ Rodriquez)

    Lawmakers, health leaders, and even young people talked in an interim legislative panel yesterday in Frankfort, Kentucky and discussed the dangers of youth use of vaping products.

    A law was passed last year to address some youth vaping issues, but lawmakers were told that the new rules don’t go far enough.

    Senator Jimmy Higdon says he may file a bill to require retailer licenses. He says that House Bill 11, which dealt with youth vaping, doesn’t have consequences for offenders, according to media reports.

    “That’s a good tool to have hanging over your head. If you continue to break the law, you will lose your license,” said Sen. Higdon, R-Ligdon.

    The Denton Group represents some vaping businesses, and a representative said that House Bill 11 is already hurting some. She wants a delay in enforcement of the bill.

    “To allow time to create regulations which is based on science and help businesses keep operating in the commonwealth and adult smokers with alternatives,” said Abbie Gilbert with the Denton Group.

    Senator Higdon also says his bill could have consequences for students caught with vapes away from school campuses.

    The proposed bill could be discussed in the legislative session set to begin January 7.

  • Lawsuit Alleges ID for ‘All’ Nicotine Sales Illegal

    Lawsuit Alleges ID for ‘All’ Nicotine Sales Illegal

    Credit: Mehaniq 41

    Many retailers in Oregon have implemented universal ID checks for alcohol or nicotine products. That means they’ll card you — even if you’re 50, 60 or 70 years old. Retailers explain that the point is to eliminate guesswork and make sure kids don’t drink or smoke.

    A pair of class action lawsuits are looking to undo those policies, alleging they violate Oregon law.

    “I understand their reasoning. Trying to protect themselves from selling to underage kids,” said Scott Dale of Molalla, a plaintiff in one of the lawsuits. “But you can’t do that when there are privacy laws in place.”

    Oregon law prohibits swiping a driver’s license except under certain circumstances, including the sale of age-restricted products if there is any reasonable doubt that the person is 21, according to media reports.

    According to Oregon Administrative Rules, reasonable doubt exists if the person appears to be under the age of 26.

    “The law does not allow a business to swipe every driver’s license on every transaction,” said Portland attorney Michael Fuller.

    The law, passed by the Oregon legislature in 2009, was intended to prevent data collection from driver’s licenses and ID cards.

    “The concern is privacy,” said Fuller.

    Plaid Pantry and WSCO Petroleum, which owns Astro gas stations, are both being sued in separate class action lawsuits over their universal card-swiping policies.

    Fuller argued state law is clear, and violations can result in hefty penalties. The law allows an individual to recover actual damages or $1,000, whichever is greater. If the violation is intentional, the court can triple damages.

    “The Oregon Legislature made a policy decision and decided that it wasn’t going to allow corporations to scan drivers’ licenses unless there was a reason for it in hopes of reducing the risk of a future data breach,” said Fuller.

    Retailers claim the government encourages the scanning of ID and driver’s licenses to help prevent the sale of alcohol and tobacco to kids.

  • Nicotine Retailers Urged to Prioritize Training

    Nicotine Retailers Urged to Prioritize Training

    Photo: auremar

    The U.S. We Card program is encouraging retailers to make employee training a top priority in promoting responsible retailing of age restricted products.

    In addition to educating staff, retailers should update in-store signage, gauge employee performance through “mystery shopping,” and compare their store practices against We Card’s Guide to Best Practices, according to the organization.

    “There are lots of changes in laws, regulations and age restricted products sold at retail,” said We Card President Doug Anderson in a statement. “In September, we kick off Awareness Month with a focus on elements that help reduce underage access: effective employee training that ensures retail employees are trained-and-confident and ready to deny underage purchase attempts of tobacco, vaping and nicotine pouch products.”

    To ensure compliance, the U.S. Food and Drug Administration inspects up to 9,000 stores per month. Simultaneously, state government authorities also measure retailers’ compliance with state youth access laws.

    “Keeping tobacco, vaping products, nicotine pouches and all age-restricted products out of the hands of everyone under 21 years old is our top priority,” said Lyle Beckwith, senior vice president of government relations for the National Association of Convenience Stores and a We Card founding board member.

    “A well-trained staff helps stores establish a reputation as a responsible retailer in their communities.”

  • NYC Shutters More Than 600 ‘Illegal’ Vape Shops

    NYC Shutters More Than 600 ‘Illegal’ Vape Shops

    Credit: Zoran Milic

    Over 600 illegal vape shops in New York City have been shut down during Operation Padlock to Protect, Mayor Eric Adams told media.

    “Many of them have remained closed,” he said. “We’re gonna stay committed to closing down these shops.”

    A Throggs Neck deli was shut down on Wednesday after illegal flavored THC and nicotine vapes were discovered, officials said. The Sheriff’s Office “likely seized $1 million” in illegal products and nine people were arrested, according to authorities, according to media reports.

    Some of the products were marketed toward children, Adams said.

    “I believe this is a well-organized, almost chain store-type distributer,” Adams said about where the illegal products are believed to be coming from. “They are really supplying not only here in the city, but probably throughout the entire state.”

  • Uwell Launches Caliburn G3 Vaping System in UK

    Uwell Launches Caliburn G3 Vaping System in UK

    Uwell has announced the release of the Uwell Caliburn G3 Pro Kit, which combines advanced features with user-friendly design.

    One of the standout features of the Uwell Caliburn G3 Pro Kit is its full-screen dynamic user interface (UI). The innovative display provides easy visibility of vaping details at a glance, ensuring that users can easily monitor their devices, according to a press release.

    The Uwell Caliburn G3 Pro Kit boasts a 3mL pod capacity and a maximum output of 35W. The 0.42ohm coil is designed to maximize flavor and deliver a powerful restricted direct-lung (RDL) vape.

    For the first time in the Caliburn series, the G3 Pro Kit includes fine-tuning airflow control. This feature allows vapers to tailor their vaping experience more precisely and conveniently.

    The Caliburn G3 Pro Kit accommodates users’ preferences for a tighter draw or a more open airflow.

  • Off-Stamp Launches Latest Upgrade to Vape System

    Off-Stamp Launches Latest Upgrade to Vape System

    The vaping brand Off-Stamp unveiled the new SW16000, the latest of a series of single-use pods in the U.S. and a part of the dual-form interchangeable pod-battery pair.

    An upgrade from the previous SW9000, SW16000 delivers up to 7,000 more puffs and eight new flavors.

    With 17 ml of e-liquid, an SW16000 pod provides a longer-lasting vaping session of up to 16,000 puffs in pair with an attachable battery.

    The new replaceable pod’s magnetic structure boosts cost efficiency and reduces parts disposal in the long run.

    Adult users are strongly advised to keep the attachable battery and couple it with SW16000 reshuffled pods for a longer product lifespan.

    Equipped with a built-in battery, the standalone SW16000 pod offers a more enduring vaping session, without the attachable battery part, according to a press release.

    With eight brand-new flavors offered by the SW16000 pod, users can now choose from a selection of 16 flavors in the series on top of the eight existing ones from the SW9000.

  • FDA Inspections End in Fines For 10 Vape Retailers

    FDA Inspections End in Fines For 10 Vape Retailers

    Credit: Adobe Stock

    The U.S. Food and Drug Administration announced it is seeking civil money penalties (CMPs) from nine brick-and-mortar retailers and one online retailer for selling Elf Bar products.

    The FDA previously issued warning letters to these retailers for selling unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.

    The agency is now seeking a CMP of $20,678 from each retailer.

    “The $20,678 CMP sought from each retailer is consistent with similar CMPs sought against retailers for the sale of unauthorized Elf Bar products over the last few months, including February and April of this year,” the FDA states.

    The retailers can pay the penalty, enter into a settlement agreement, request an extension to respond or request a hearing. Retailers that do not take action within 30 days after receiving a complaint risk a default order imposing the full penalty amount.

  • FTC Report Finds Major 2021 Vape Sales Boost

    FTC Report Finds Major 2021 Vape Sales Boost

    Credit: JIRSAK

    The Federal Trade Commission issued its third report on e-cigarette sales and advertising nationwide. The report found combined sales of cartridge-based and disposable e-cigarette products to U.S. consumers by nine leading manufacturers increased by approximately $370 million between 2020 and 2021.

    The total topped $2.67 billion. E-cigarette companies also spent $90.6 million more advertising and promoting their products in 2021 than in 2020.

    Reported sales of cartridge products increased from $2.133 billion in 2020 to $2.496 billion in 2021; sales of disposable, non-refillable e-cigarette products increased from $261.9 million in 2020 to $267.1 million in 2021.

    The data also shows that in 2021, 69.2 percent of e-cigarette cartridges either sold or given away contained menthol-flavored e-liquids, and the rest were tobacco-flavored.

    Disposable e-cigarettes are not covered by the flavor restrictions imposed by the U.S. Food and Drug Administration. In 2021, “other” flavored devices made up 71 percent of all disposable devices sold or given away, with the most popular subcategories being fruit-flavored and fruit & menthol/mint-flavored products.

    These two subcategories alone made up more than half of all disposable e-cigarette devices sold or given away in 2021.

    According to the report, expenditures for advertising and promoting e-cigarettes increased from $768.8 million in 2020 to $859.4 million in 2021, with the three largest spending categories being price discounts, promotional allowances paid to wholesalers, and point-of-sale advertising.

    Together, these three categories accounted for almost two thirds of expenditures in 2021.

    Finally, the report discusses steps that e-cigarette companies took in 2021 to deter or prevent underage consumers from visiting their websites, signing up for mailing lists and loyalty programs, or buying e-cigarette products online.

    These steps include the use of online self-certification to verify users were at least 21 years old and following state laws requiring an adult signature upon delivery of e-cigarette products.

    The Commission vote approving the FTC’s E-Cigarette Report and related data tables for 2021 was 3-0.

    Youth vaping, however, is down drastically. Government data shows youth vaping dropped more than 60 percent last year compared to 2019.  Around 5.3 million middle school and high school students reported vaping in 2019, with more than 2.1 million youth reporting vaping in 2023.