Federal regulators have put the popular vape company Eonsmoke LLC on notice to remove about 100 flavored JUUL-compatible vaping products, saying the company “has ignored the law by marketing dozens of unauthorized e-cigarette products.”
In its Oct. 24 warning to Eonsmoke, the U.S. Food and Drug Administration (FDA) takes aim at a multitude of fruit and candy-flavored vape cartridges that are compatible with JUUL and other vaping devices.
The FDA has imposed a premarket authorization requirement for flavored vapes, “including e-liquids sold in such flavors such as mango, cotton candy, sour gummy worm and others that are so popular with kids,” Acting FDA Commissioner Ned Sharpless said in a statement.
Under the FD&C Act, any tobacco product that was not commercially marketed in the U.S. as of Feb. 15, 2007, is required to undergo a premarket review by the FDA. The agency is also finalizing legislation that is expected to ban all but tobacco-flavored vape products, including menthol and mint.
“Companies are on notice — the FDA will not allow the proliferation of illegally marketed e-cigarettes or other tobacco products, to come at the expense of our children,” Commissioner Sharpless said in a statement Thursday. “Today’s action makes clear that we will continue to keep a close watch on companies and take swift steps when violations are found.”
Eonsmoke appears to be trying to fill the void created by JUUL when it withdrew its sweet-flavored vapes from the market earlier this month. JUUL also deleted its social media accounts and ceased pitching its products to kids.
But Eonsmoke continues to make vape products that are fully compatible with JUUL in flavors that kids and teens favor. The company has also marketed these products online and in social media, including posts “by well-known influencers” in ways that target minors, the FDA said in its letter. The FDA says Eonsmoke also sells these products without the required nicotine warnings.
The FDA also requires vape companies to provide a list of the ingredients it uses in its products, but Eonsmoke has not complied with the requirement. Companies that fail to comply with the measures are automatically considered to be making and/or selling misbranded products.
“The FDA continues to work on all fronts to tackle the troubling epidemic of youth [vaping] through all available regulatory tools,” the agency said in its statement. “This includes taking action against manufacturers and retailers who illegally market or sell these products to minors, educating youth about the dangers of e-cigarettes, and implementing the policies necessary to keep them out of the hands of America’s kids.”
Beasley Allen lawyers Joseph VanZandt and Sydney Everett, together with Mass Torts Section Head Andy Birchfield, are currently representing several individuals who are suing JUUL for the negative impact its products have had on their lives. On Oct. 7 they also filed lawsuits on behalf of school districts in three states, which seek to protect students and recover resources spent fighting the vaping epidemic.