The Food and Drug Administration (FDA) issued 10 warning letters to retailers and manufacturers who sell, manufacture and/or import unauthorized vape products that target youth or are likely to lure youth to vape.
Among those warned include companies that make or sell backpacks and sweatshirts designed with stealth pockets to hold and conceal vape devices, vapes that resemble smart watches, and devices that look like children’s toys such as video game systems or fidget spinners. Warning letters were also issued to companies marketing e-liquids that imitate packaging for food products that are intended to appeal to youth, like candy or wrappers with cartoon characters.
The warning letters are part of the FDA’s ongoing enforcement of unauthorized ENDS (electronic nicotine delivery system) products, and ENDS products that target youth. Recipients of the warning letters face additional FDA action, such as injunction, seizure, and/or civil money penalty actions if they do not cease manufacturing, distributing and/or sale of the unauthorized tobacco products.
“The public really should be outraged by the products,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products. “The FDA is especially disturbed by some of these new products being marketed to children and teens by promoting the ease with which they can be used to conceal product use, which appeals to kids because it allows them to conceal tobacco product use from parents, teachers, law enforcement, or other adults.”
Retailers, manufacturers, and importers who received FDA warning letters include Vaprwear Gear LLC, Vapewear LLC, Wizman Limited, EightCig LLC, Ejuicepack LLC, Vape Royalty LLC, VapeCentric Inc., Dukhan Store, VapeSourcing, and Shenzhen Uwell Technology doing business as DTD Distribution Inc.
Earlier this year the FDA issued warning letters to 73 brick-and-mortar retailers for selling unauthorized flavored vape devices, as well as 22 warning letters to online and brick-and-mortar retailers and manufacturers of vape devices. Vape companies have been blamed for marketing to teens and creating a new generation of nicotine addicts.
Beasley Allen lawyers Joseph VanZandt and Sydney Everett, together with Mass Torts Section Head Andy Birchfield, are currently representing several individuals, governments, and school districts suing JUUL over the costly youth vaping epidemic in the U.S.