Ten companies were hit with warning letters by the Food and Drug Administration (FDA) for marketing flavored disposable vapes and e-liquids that appeal to youth without the required approval from the agency. The move is part of the FDA’s ongoing effort to stop the illegal marketing of tobacco products — especially flavored, disposable vapes that appeal to teenagers — amid what the agency calls a public health crisis of youth vaping in America.

“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.”

The agency has suspended in-person inspections of vape companies due to COVID-19 restrictions, but has continued internet monitoring for violations of tobacco laws and regulations.

In the letters, the FDA accused Cool Clouds Distribution Inc. (doing business as Puff Bar), HQD Tech USA, LLC, and Myle Vape Inc. of selling or distributing unauthorized tobacco products that were first introduced or modified after Aug. 8, 2016, when the FDA was granted authority over all tobacco products. These products are considered adulterated and misbranded under the Federal Food, Drug, and Cosmetic Act.

The FDA also issued warning letters to seven other companies — Eleaf USA, Vape Deal LLC, Majestic Vapor LLC, E Cigarette Empire LLC, Ohm City Vapes Inc., Breazy Inc., and Hina Singh Empires (doing business as Just Eliquids Distro Inc.) — for selling or distributing unauthorized electronic nicotine delivery systems, or ENDS, targeting youth or likely to entice youth. For example, the companies were cited for marketing unauthorized e-liquids that imitate packaging for food products that generally appeal to youth, such as Cinnamon Toast Crunch cereal, Twinkies, Cherry Coke, and popcorn. Some also feature cartoon characters.

Beasley Allen lawyers Joseph VanZandt and Sydney Everett, together with Mass Torts Section Head Andy Birchfield, are currently representing several individuals who are suing the top U.S. vape maker JUUL for the negative impact its products have had on their lives. Recognizing the critical threat to young people ensnared by nicotine addiction, and its effect on our nation’s educational system, our firm has also joined other nationally recognized law firms to represent school districts and public entities across the country in the fight to stop the school vaping crisis.

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