Tag: Shop Talk

  • Ohio Attorney General Targeting Illegal Vapes

    Ohio Attorney General Targeting Illegal Vapes

    Credit: Promesa Art Studio

    Ohio’s attorney general is cracking down on illegal vaping across the state, saying unregulated vapes being sold in Ohio, especially those targeting kids, pose a real danger.

    The FDA has authorized 27 e-cigarette products to be sold in the United States. All of those are tobacco or menthol-flavored. Any other flavor not authorized by the FDA is illegal.

    On Tuesday, Ohio Attorney General Dave Yost filed complaints against three Ohio businesses: one in Delaware, one in Cincinnati, and one in Wayne County. They are charged with selling illegal vape flavors despite a warning letter from Yost’s office in early April.

    These investigations included Orrville Tobacco and Vape Shop in Orrville, Central Tobacco in Delaware and Elev8 Smoke Shop in Cincinnati, according to reports.

    “You can go to any convenience store and find lots and lots of things that aren’t approved on that list, so we went to court today to ask the court to require them to stop selling unapproved vapes,” Yost said. “It’s a violation of Ohio law and federal law.”

    He says it is not about closing smoke shops but ensuring they only sell what is allowed.

    Flavored tobacco sales are banned in Columbus. Last month, a judge upheld the ban after ruling that a state law prohibiting cities like Columbus from banning tobacco sales was unconstitutional.

  • 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.

  • Senators Ask Retailers to End Flavored Vape Sales

    Senators Ask Retailers to End Flavored Vape Sales

    Credit: Roland Magnusson

    The chairmen of five key Senate committees on Thursday warned the chief executives of major convenience stores and wholesalers to stop selling illicit flavored vaping products, which they called “widespread violations of federal law.”

    The senators voiced their concerns in letters to the companies, amplifying the frustration among some lawmakers in Congress over the continued availability of disposable e-cigarettes. They say the vivid colors and candy flavors only attract kids. The unchecked sales, they wrote, “pose a tremendous public health threat.”

    “F.D.A. and the industry must do more to address the youth vaping epidemic and remove unauthorized vaping products from their shelves immediately,” Senator Dick Durbin said, according to media reports.

    The letters were addressed to retailers including 7-Eleven, Circle K, bp America, Pilot, Kwik Trip and others. The U.S. Food and Drug Administration had earlier issued warnings about sales of unauthorized brands like Elf Bar, E.B. Design and Funky Republic.

    “Today, millions of children use unauthorized e-cigarettes, risking nicotine addiction, respiratory illness, exacerbation of depression and anxiety, and many other harms,” read the letter to Joseph DePinto, the chief executive of 7-Eleven.

    The other senators who signed the letter were Ron Wyden, Bernie Sanders, Sherrod Brown, and Richard Blumenthal.

  • U.S. FDA Warns 14 More Sellers of Flavored Vapes

    U.S. FDA Warns 14 More Sellers of Flavored Vapes

    Credit: Chris Titze Imaging

    The U.S. Food and Drug Administration has again issued warning letters to several small business owners for selling flavored disposable vaping products.

    The regulatory agency issued letters to 14 online businesses for selling unauthorized e-cigarette products. The warning letters cite the sale of disposable e-cigarette products marketed under brand names, including Elf Bar/EB Design, Lava Plus, Funky Republic/Funky Lands, Lost Mary, Cali Bars, Cali Plus, and Kangvape.

    “These warning letters were informed by FDA’s ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal, an agency press release states. “Findings from the 2023 National Youth Tobacco Survey found that more than 50 percent of youth who use e-cigarettes reported using the disposable e-cigarette brand Elf Bar; in 2023, the manufacturer of Elf Bar began marketing the product under the name EB Design.”

    In addition, the brands Lava Plus, Funky Republic/Funky Lands, Kangvape, Cali, and Breeze were identified as popular or youth-appealing by the agency following a review of retail sales data and emerging internal data from a survey among youth, according to the agency.

    Retailers receiving warning letters sold or distributed e-cigarette products in the United States that lack marketing authorization from the FDA violate the Federal Food, Drug, and Cosmetic Act.

    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 penalties.

    As of Jan. 30, 2024, FDA issued more than 440 warning letters and 88 CMPs to retailers for the sale of illegal e-cigarettes, including through a series of nationwide inspection efforts of brick-and-mortar retailers, according to the release.

    Earlier this week, the FDA issued complaints for civil money penalties (CMPs) against 21 brick-and-mortar retailers for selling unauthorized Esco Bars e-cigarettes.

    In a press release, the agency stated that it had previously issued each retailer a warning letter for their sale of unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.

    The agency now seeks the maximum penalty of $20,678 from each retailer.

  • FDA Issues Civil Penalties to 21 Small Business Owners

    FDA Issues Civil Penalties to 21 Small Business Owners

    Credit: Valiantsina

    The U.S. Food and Drug Administration has issued complaints for civil money penalties (CMPs) against 21 brick-and-mortar retailers for selling unauthorized Esco Bars e-cigarettes.

    In a press release, the agency stated that it had previously issued each retailer a warning letter for their sale of unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.

    The agency now seeks the maximum penalty of $20,678 from each retailer.

    The complaints announced today represent the first set of CMPs FDA has filed for the sale of unauthorized Esco Bars e-cigarettes. “These retailers were duly warned of what could happen if they continued selling these unauthorized e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “They should have acted responsibly to correct the violations, but they chose not to do so and now must face the consequences of that decision. FDA won’t sit back and tolerate inaction to comply with the law.”

    Currently, $20,678 is the maximum civil money penalty amount FDA can seek for a single violation from each retailer, consistent with similar CMPs sought against retailers for the sale of unauthorized Elf Bar products in Sept., Nov., and Dec. of 2023.

    The retailers can pay the penalty, enter into a settlement agreement based on mitigation factors, request an extension of time to file an answer to the complaint, or file an answer and 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, according to the release.

    “Today’s CMP actions are just the latest in the continued, comprehensive push by FDA to take action across the supply chain to remove unauthorized e-cigarettes, particularly those that are popular among youth, from the marketplace,” the release states. “As of Jan. 30, 2024, FDA has issued more than 440 warning letters and 88 CMPs to retailers, including brick and mortar and online retailers, for selling unauthorized tobacco products.

    “In addition to actions involving retailers, FDA has issued more than 660 warning letters to firms for illegally manufacturing and/or distributing unauthorized new tobacco products, including e-cigarettes.

    “The agency has also filed civil money penalty complaints against 48 e-cigarette firms for manufacturing unauthorized products and sought injunctions in coordination with the U.S. Department of Justice against seven manufacturers of unauthorized e-cigarette products.”

  • U.S. Lawmakers Seek Action Against Elf Bar Sales

    U.S. Lawmakers Seek Action Against Elf Bar Sales

    U.S. House lawmakers are demanding information from federal officials on what they are doing to stop the recent influx of kid-appealing electronic cigarettes from China.

    Members of a new congressional committee on U.S.-China relations sent the request last week to U.S. Justice Department and Food and Drug Administration leaders, calling attention to “the extreme proliferation of illicit vaping products.”

    The letter cites the Associated Press reporting on how thousands of new disposable e-cigarettes have hit the market in recent years, mostly manufactured in China and sold in flavors like watermelon and gummy bear.

    In May, the agency called on customs officials to block imports of Elf Bar, a small, colorful vaping device that is the No. 1 choice among teenagers.

    The media has reported that the company behind Elf Bar has been able to evade the ban by simply renaming its products, which remain widely available in convenience stores and vape shops.

    “We ask you to work with the Customs and Border Protection to address this urgent problem with all due speed,” states the bipartisan letter from 12 members of the committee, including Chairman Rep. Mike Gallagher, and Rep. Raja Krishnamoorthi.

    The special committee was established early this year to counter Chinese policies that can damage the U.S. economy. Tensions between the two countries have been rising for years, with both China and the U.S. enacting retaliatory measures on imports.

  • January 1: New Vape Retailer Rules in Texas Begin

    January 1: New Vape Retailer Rules in Texas Begin

    A Forever Vapes store in Pearland, TX, USA. (Credit: JHVEPhoto)

    Beginning Jan. 1, 2024, it will be a crime in Texas to market, advertise, sell or cause to be sold an e-cigarette product in certain containers that are designed to appeal to minors.

    “It is illegal to sale e-cigarettes to minors — these products are dangerous and most contain nicotine, heavy metals and cancer-causing materials — yet these products are intentionally designed to attract minors,” Texas Comptroller Glenn Hegar said. “Texas has taken action to deal with this kind of deceptive marketing and I greatly appreciate the partnership with retailers across this state to help us protect one of our most vital resources: our children.”

    House Bill 4758 states any person commits a Class B misdemeanor that can lead to civil and criminal penalties if they market, advertise, sell or cause to be sold an e-cigarette product and the product’s container meets any of the following criteria: 

    • depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
    • imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
    • includes a symbol that is primarily used to market products to minors;
    • includes an image of a celebrity; or
    • includes an image that resembles a food product, including candy or juice.

    A violation can result in a Class B misdemeanor conviction punishable by up to 180 days in jail, a fine up to $2,000, or both. E-cigarette retailers also can face civil penalties up to $3,000 and a permit suspension or revocation for repeat violations.

    The Comptroller’s office and partnering agencies perform inspections for signage and employee compliance concerning the sale, possession and use of cigarettes, e-cigarettes and tobacco products, according to a press release.

  • FDA Increases Civil Monetary Penalties for Retailers

    FDA Increases Civil Monetary Penalties for Retailers

    The U.S. Food & Drug Administration (FDA) announced that it has increased the penalties that nicotine companies and retailers pay if found in violation of the various federal laws regarding nicotine products.

    The changes are part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the penalties to adjust with inflation.

    The updated penalties are:

    • First Violation — $0 (Warning Letter)
    • 2 within a 12-month period — $345 (Previously $320)
    • 3 within a 24-month period — $687 (Previously $638)
    • 4 within a 24-month period — $2,757 (Previously $2,559)
    • 5 within a 36-month period — $6,892 (Previously $6,397)
    • 6 within a 48-month period — $13,785 (Previously $12,794)

    The civil monetary penalties are handed out to vaping and other tobacco companies or retailers that are found to violate FDA’s rules regarding vaping and other tobacco products.

    Examples could range from an e-cigarette company failing to use a proper warning label to a retailer caught selling any nicotine product without checking the I.D. of an undercover buyer.

  • Alabama Vape Registry Offers Louisianna Preview

    Alabama Vape Registry Offers Louisianna Preview

    Credit: Jet City Image

    A Louisiana state court has put the brakes on the state’s release of its official vaping and e-cigarette registry. However, Alabama’s registry, which has been active since spring 2022, may offer some insight into what products Louisiana will allow on the market.

    Passed earlier this year, Louisiana’s new law bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory. To receive authorization, products need a marketing order from the U.S. Food and Drug Administration or must meet one of several narrow exceptions, which favor products that have been on the market since at least 2016.

    It’s still unclear which products will be listed in the directory, but Louisiana’s new law mirrors one that’s already in effect in Alabama, which has been keeping a similar list of pre-approved vaping and e-cigarette products, called the Electronic Nicotine Delivery Systems Products Directory, for over a year.

    There are 1,602 vaping, e-cigarette, and alternative nicotine products listed in Alabama’s directory, meaning that many products can still be legally sold in the state, according to NOLA.com. On it are several kinds of JUUL products, various flavors of ZYN nicotine Pouches, Vuse, NJOY and BIDI Stick products.

    Missing from the list are several massively popular disposable vapes, including Elf Bars, Puff Bars and EscoBars.

    To check out the products on Alabama’s list for yourself, go to the Alabama Department of Revenue’s website.

    • Click the green box at the top right corner of the homepage that says “MyAlabamaTaxes.”
    • Scroll to the “Businesses” section, and click “View or upload a report.” 
    • Under “Tobacco Reports,” click “ENDS Product Directory.” 
    • Click the green “Search” button for every product in Alabama’s directory. Or toggle the “Manufacturer” or “Product” buttons and then search for the products you’re interested in.

    If the product you search for does not appear on the list, it is not authorized for sale in Alabama and likely will not be authorized for sale in Louisiana, according to sources.