Tag: Shop Talk

  • 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.

  • Report Details Global Age Verification Regulations

    Report Details Global Age Verification Regulations

    Image: Ondato

    Ondato, a global provider of digital identity and age verification solutions, has released a report that maps the intricacies of age verification regulations worldwide.

    The report analyzes age verification laws and practices across major markets, including the EU, the United States, the United Kingdom and emerging economies. It provides sector-specific insights into regulations affecting industries such as gaming, social media, e-commerce and online content streaming. Additionally, the report identifies common compliance challenges that businesses face when navigating diverse regulations and explores how technology can help mitigate these issues.

    “Our goal is to empower businesses with the knowledge and tools they need to stay compliant and protected,” said Ondato co-founder and CEO Liudas Kanapienis. “This report is an invaluable tool for companies striving to keep pace with the evolving regulatory environment.”

  • 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.

  • Retail Group Launches Guide for Disposables Ban

    Retail Group Launches Guide for Disposables Ban

    Credit: Benn Photo

    The Association of Convenience Stores (ACS) has launched an extended version of its Selling Vapes Responsibly guide to support retailers in their gradual move away from disposable vapes ahead of a product ban on June 1, 2025.

    The new guidance outlines the features that vapes need to have to be legal for sale from 1 June, as well as what to do with any disposable vapes that are unsold when the ban comes into force.

    Vapes that are legal to sell from 1 June must be chargeable and refillable, as opposed to disposable vapes, which are intended for a single use and are limited to 2ml of vape liquid.

    Anyone selling disposable vapes from 1 June 2025 could get a £200 fixed-penalty notice, followed by further enforcement action if they continue to break the law, media reports.

    ACS chief executive James Lowman said introducing a ban on disposable vapes next year will mark a significant change for thousands of retailers that currently stock these products.

    “We have produced this guide to help retailers with the transition and ensure that nobody falls on the wrong side of the law on [June 1],” he said. “It is important that any retailer selling vapes not only prepares themselves for the change but also communicates with customers on the implications of the ban to avoid any potential confrontations or flashpoints in store.”

    The guide has been produced with Bucks and Surrey Trading Standards as assured advice, which means that ACS members can rely on this advice and the interpretations of how to comply with the new regulations.

    “By having this advice assured as part of our award-winning scheme with Bucks and Surrey Trading Standards, retailers can have confidence that following this guidance will see them operating legally and without fear of prosecution,” Lowman said.

    Since the start of 2024, retailers who sell vapes have been required to provide a take-back service for customers on a minimum of a “one for one” basis (a customer can return a vape when they buy a new one).

    The ACS guide sets out all the requirements for retailers when taking back used vapes, storing them in their business, and arranging for regular collection so they can be recycled.

    Selling Vapes Responsibly also includes advice for retailers on spotting an illicit product, with information on all the things to look out for on the packaging, where to check the list of legitimate products, and advice on preventing underage sales and using Challenge 25.

    The full guide, as well as posters for retailers to display in their stores to communicate the ban to customers, are available at www.acs.org.uk/advice/selling-vapes

  • North Carolina County to Restrict Tobacco Shops

    North Carolina County to Restrict Tobacco Shops

    Credit: Rex Holster

    The Columbus County Board of Commissioners in North Carolina is slated to vote on a proposed ordinance restricting locations of retailers selling tobacco, hemp and kratom during its meeting Monday.

    At the board’s previous meeting, Commission Chair Ricky Bullard said he wanted to restrict the locations of new shops “the maximum amount we can.”

    The current proposal requires a much wider distance between retailers and places used by minors than a version of the ordinance discussed on Nov. 4, according to media reports.

    The expanded ordinance would also set a four-year deadline for retailers already in business to move out of the protected zones. If passed, the vape shop regulation would only affect unincorporated areas of the county.

    The board tabled discussion Nov. 4 of an earlier vape shop ordinance, saying it didn’t go far enough. That proposal defined the targeted products and prohibited retail shops selling them from opening within 1,000 feet of schools, child care centers, public parks, group homes or rehabilitation facilities.

    Commissioner Giles “Buddy” Byrd called the 1,000-foot barrier “not enough” and asked county staff to rewrite the ordinance to expand it to at least half a mile. County Planning and Economic Development Director Gary Lanier’s new recommendation does just that, setting 2,640 feet as the nearest a vape, tobacco or hemp shop may set up from one of the listed areas.

    Lanier also based the new recommendation on ordinances in other eastern N.C. counties that “amortize” the right of existing shops to operate. The new wording would require existing tobacco and hemp retailers to move outside the half-mile boundary within four years.

  • 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.

  • New Jersey Fines 19 Retailers for Illegal Vape Sales

    New Jersey Fines 19 Retailers for Illegal Vape Sales

    Credit: VetKit

    Sellers were allegedly violating the state’s consumer protection laws and were fined $4,500 each.

    New Jersey Attorney General Matthew Platkin and the state’s division of consumer affairs told media that 19 New Jersey retailers were issued notices of violation and assessed civil penalties of $4,500 each. The retailers were allegedly violating the state’s consumer protection laws by offering and selling flavored vapor products that are banned for sale in New Jersey, according to the attorney general’s office.

    The enforcement actions are the result of an investigation launched in June 2024 into the unlawful offer and sale of flavored vaping products, which research has shown to be appealing to teens and children, the attorney general’s office said.

    Through undercover buys and in-store inspections, investigators identified smoke shops, convenience stores, and gift and novelty retailers in five counties offering and selling the banned products. The attorney general said that “many” of these retailers were close to schools and parks or on or near shore town boardwalks.

    “As students across the state head back to school, we’re sending a message of deterrence to retailers. If you are caught selling these dangerous, banned products, you will be held accountable,” Platkin said.

    In 2020, New Jersey Gov. Phil Murphy signed legislation prohibiting the sale and distribution of all vapor products with a flavor, taste, or aroma other than tobacco.

    “The ban on flavor vaping devices is in place to protect New Jersey consumers—especially our youth—from the harmful effects of electronic cigarettes, nicotine, and tobacco,” said Cari Fais, acting director of the division of consumer affairs. “By identifying and taking enforcement action against merchants who illegally sell these products, we are protecting public health and fulfilling our responsibility to safeguard consumers from unlawful business practices.”

  • New Vaping Regulations Begin Across Nebraska

    New Vaping Regulations Begin Across Nebraska

    Credit: Adobe Stock

    Nebraska is taking on new statewide vape regulations with a registry law that went into effect on July 19.

    It’s a double-edged law: one side, trying to keep electronic nicotine devices out of the hands of children, another aiming at broader consumer protections. The law prohibits vapes with advertisements targeting kids, like those with cartoon characters or ones that look like school supplies.

    “When I went around the state and met with law enforcement, I would always ask, ‘What is the top issues you’re seeing?’” Nebraska Attorney General Mike Hilgers said. “And one of the top five issues I saw around the state and heard from them were vapes in the hands of children, hands of kids,” according to media reports.

    The other side of the law aims to protect consumers from potentially harmful chemicals. It will set up a registry through the Department of Revenue. Companies will have to pay $75 for each type or model of vape device to get on the registry. By October 2025, it will be against the law to sell any product not on that list.

    “I think that what it will do is weed out the good actors from the bad actors,” said Sarah Linden, owner of Generation V. Linden helped work on the regulations, aiming to destigmatize an industry she said is designed to help people stop smoking.

  • 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.”

  • 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.